Winter v. Plumley et al, No. 2:2014cv26977 - Document 9 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER The findings and conclusions made in the 7 Proposed Findings and Recommendation of the magistrate judge relating to the dismissal of this action are adopted by the court; the petitioner's 2 complaint is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 10/18/2017. (cc: plaintiff; counsel of record; United States Magistrate Judge) (kp)

Download PDF
Winter v. Plumley et al Doc. 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JACOB BENJAMIN WINTER, Plaintiff, v. Civil Action No. 2:14-cv-26977 SGT. MARK PLUMLEY, in his individual capacity, and OFFICER CLIFTON CARR, in his individual capacity, and CAPTAIN MARGARET CLIFFORD, in her individual capacity, and WARDEN DAVID BALLARD, in his individual and official capacities, and MAJOR ROBERT RHODES, in his individual and official capacities, and JIM RUBENSTEIN in his individual and official capacities, Defendants. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, filed on March 27, 2017, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B); and having reviewed the record in this proceeding; and it appearing that plaintiff has made no filings in the case after his complaint on October 17, 2014, and a letter inquiring of case status on January 6, 2015, despite being directed to file a new Application to Proceed Without Prepayment of Fees and Costs by May 15, 2015; and there being no objections filed by any party to the Dockets.Justia.com proposed findings and recommendation; 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 relating to the dismissal of this action be, and they hereby are, adopted by the court. It is, therefore, ORDERED that the petitioner’s complaint be, and it hereby is, dismissed without prejudice. 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: October 2016 DATED: January 5,18, 2017 John T. Copenhaver, Jr. United States District Judge

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.