Nelson v. Thornsbury et al, No. 2:2009cv01108 - Document 22 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 21 Proposed Findings and Recommendation by Magistrate Judge; this action is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 10/5/2010. (cc: pro se plaintiff, attys, and the United States Magistrate Judge) (mkw)

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Nelson v. Thornsbury et al Doc. 22 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON DAVID NELSON, Plaintiff, v. Civil Action No. 2:09-01108 JUDGE MICHAEL THORNSBURY, Circuit Court for Mingo County, C. MICHAEL SPARKS, Prosecutor for Mingo County, JIM GILLMAN, Investigator, MARK HOBBS, Attorney at Law JOHN W. MILAM, Chief Investigator, West Virginia State Police, Defendants. MEMORANDUM OPINION AND ORDER This action was previously referred to Mary E. Stanley, United States Magistrate Judge, who has submitted her Proposed Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). The court has reviewed the Proposed Findings and Recommendation entered by the magistrate judge on September 17, 2010. The magistrate judge recommends dismissal of plaintiff’s complaint without prejudice for failure to prosecute. The plaintiff has not objected to the Proposed Findings and Recommendation. The court concludes the recommended disposition is correct. Dockets.Justia.com Accordingly, it is ORDERED that: 1. The Proposed Findings and Recommendation be, and it hereby is, adopted by the court; and 2. This action be, and it hereby is, dismissed without prejudice. The Clerk is directed to forward copies of this written opinion and order to the pro se plaintiff, all counsel of record, and the United States Magistrate Judge. DATED: October 5, 2010 John T. Copenhaver, Jr. United States District Judge

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