Eakle v. Ballard et al, No. 2:2012cv00590 - Document 8 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 6 Proposed Findings and Recommendation; directing that this action is dismissed pursuant to section 1915A(b)(1) and that the 4 Application to Proceed without Prepayment of Fees and Costs be denied. Signed by Judge John T. Copenhaver, Jr. on 5/11/2012. (cc: plaintiff; attys) (taq)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON DAVID EUGENE EAKLE, Plaintiff, v. Civil Action No. 2:12-0590 MR. DAVID BALLARD and MR. JIM RUBENSTEIN, 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 Recommendations ( PF&R ) pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommends in her PF&R that the complaint be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and that the Application to Proceed Without Prepayment of Fees and Costs be denied. On March 13, 2012, the PF&R was filed. 2012, plaintiff filed his objections. On March 20, The objections do not address the deficiencies in the complaint identified by the magistrate judge. The objections are thus not meritorious. Following a de novo review, and having concluded that the objections lack merit, it is ORDERED that the PF&R be, and it hereby is, adopted and incorporated herein. It is further ORDERED that this action be, and it hereby is, dismissed pursuant to section 1915A(b)(1) and that the Application to Proceed Without Prepayment of Fees and Costs be denied. The Clerk is directed to send a copy of this written opinion and order to counsel of record and plaintiff. ENTER: May 11, 2012 John T. Copenhaver, Jr. United States District Judge 2

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