Turner v. Holiday et al, No. 2:2016cv04346 - Document 49 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS It is ORDERED that the findings made in both 39 and 48 Proposed Findings and Recommendations of the magistrate judge are adopted by the court and incorporated herei n; defendant Holiday's 44 Motion to Dismiss for failure to prosecute be is granted and that this case is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 12/24/2019. (cc: plaintiff; counsel of record; United States Magistrate Judge) (ts)
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Turner v. Holiday et al Doc. 49 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON RICHARD DALE TURNER, Plaintiff, v. Civil Action No. 2:16-cv-04346 C.O. PERRY, C.O. ALLEN, C.O. HOLIDAY, and MEDICAL STAFF, Defendants. MEMORANDUM OPINION AND ORDER This matter having been referred to United States Magistrate Judge Dwane L. Tinsley pursuant to 28 U.S.C. § 636(b)(1)(B), he filed his Proposed Findings and Recommendations on April 4, 2019 and October 30, 2019. Magistrate Judge Tinsley recommends that the court (1) dismiss the claims against defendants C.O. Allen and C.O. Perry without prejudice for failure to effect service of process, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure; and (2) grant defendant C.O. Holiday’s motion to dismiss for failure to prosecute, filed June 5, 2019, and dismiss this matter pursuant to Rule 41(b). No objections having been filed to either of these Proposed Findings and Recommendations, it is ORDERED that the findings made in both Proposed Findings and Recommendations Dockets.Justia.com of the magistrate judge be, and they hereby are, adopted by the court and incorporated herein. Accordingly, it is ORDERED that defendant Holiday’s motion to dismiss for failure to prosecute be, and it hereby is, granted. It is further ORDERED that this case be, and it hereby is, dismissed without prejudice. The Clerk is directed to transmit copies of this memorandum opinion and order to plaintiff, all counsel of record, and the United States Magistrate Judge. ENTER: December 24, 2019 2
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