Douty v. Rubenstein et al, No. 2:2013cv32832 - Document 162 (S.D.W. Va. 2015)

Court Description: MEMORANDUM AND OPINION dismissing as moot plaintiff's 98 OBJECTIONS to Magistrate Judge R. Clarke VanDervort's 91 Order. Signed by Judge John T. Copenhaver, Jr. on 8/7/2015. (cc: counsel of record; any unrepresented parties) (tmh)

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Douty v. Rubenstein et al Doc. 162 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON FRED D. DOUTY, Plaintiff, v. Civil Action No. 2:13-32832 JIM RUBENSTEIN, Commissioner, W. Va. Division of Corrections, and DAVID BALLARD, Warden, Mt. Olive Correctional Complex, and PAUL PERRY, Associate Warden of Security, Mt. Olive Correctional Complex, and RONNIE WILLIAMS, Captain, Mt. Olive Correctional Complex, and DANIEL HAHN, Lieutenant, Mt. Olive Correctional Complex, and ANDREW HUDSON, Corporal, Mt. Olive Correctional Complex, and JOSHUA HYPES, Correctional Officer, Mt. Olive Correctional Complex, and CHRIS HESS, Corporal, Mt. Olive Correctional Complex, and NICHOLAS BOYCHUCK, Correctional Officer, Mt. Olive Correctional Complex, and SERGEANT JOE WIMMER, Sergeant, Mt. Olive Correctional Complex, Defendants. MEMORANDUM OPINION AND ORDER Pending is plaintiff Fred Douty’s appeal of an order entered by the United States Magistrate Judge on March 20, 2015, filed April 6, 2015. Dockets.Justia.com The April 6, 2015, appeal contends that defendants failed to respond to plaintiff’s first set of interrogatories and second request for production of documents. (Appeal at 2). On May 11, 2015, the magistrate judge entered an order directing that defendants serve anew upon plaintiff their responses to Plaintiff’s First Set of Interrogatories and Second Request for Production of Documents. The production order moots plaintiff’s appeal. It is, accordingly, ORDERED that the appeal be, and hereby is, dismissed as moot. The Clerk is directed to forward copies of this written opinion and order to all counsel of record and any unrepresented parties. DATED: August 7, 2015 John T. Copenhaver, Jr. United States District Judge 2

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