Elkins v. Rickard, No. 2:2014cv23765 - Document 12 (S.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 10 Proposed Findings and Recommendation by Magistrate Judge; directing that the plaintiff's complaint is dismissed and that this matter be removed from the court's docket. Signed by Judge John T. Copenhaver, Jr. on 10/3/2016. (cc: plaintiff; counsel of record; United States Magistrate Judge) (taq)

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Elkins v. Rickard Doc. 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON KELLY ELKINS Plaintiff, v. Civil Action No. 2:14-23765 BARBARA RICKARD, Warden, Defendant. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Omar J. Aboulhosn, filed on May 12, 2016, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B); and having reviewed the record in this proceeding; and there being no objections filed by any party to the proposed findings and recommendation; 1 and it appearing proper so to do, it is ORDERED that the findings and conclusions made in the proposed findings and recommendation of the magistrate judge be, and they hereby are, adopted by the court. It is, therefore, ORDERED that the plaintiff’s complaint be, and it hereby is, dismissed and that this matter be removed from 1 The Proposed Findings and Recommendation was mailed to Kelly Elkins at her last known address, at FPC Alderson, and was returned as undeliverable on May 26, 2016 because Elkins was released from custody on August 28, 2015. See ECF Doc. 11. Her new address is unknown. Id. Elkins has had more than a year since her release to provide the court with her current address, and has failed to do so. Dockets.Justia.com the court’s docket. The Clerk is directed to forward copies of this written opinion and order to plaintiff, all counsel of record and the United States Magistrate Judge. DATED: January 2016 DATED: October 3, 5, 2016 John T. Copenhaver, Jr. United States District Judge

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