Fowler v. Raines et al, No. 2:2017cv04487 - Document 24 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER adopting 23 Proposed Findings and Recommendations by Magistrate Judge; directing that the 17 Motion to Dismiss filed by Raines, Nitro Police Dept., and 20 Supplemental Motion to Dismiss filed by Raines, Nitro Police Dept., are granted; further directing that plaintiff's complaint is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 5/8/2019. (cc: attys; any unrepresented party, plaintiff) (lca)
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Fowler v. Raines et al Doc. 24 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JOSEPH EMERSON FOWLER II, Plaintiff, v. Civil Action No. 2:17-CV-4487 SRG RAINES, and NITRO POLICE DEPT., Defendants. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Cheryl A. Eifert, entered on April 16, 2019; and the magistrate judge having recommended that defendants’ motion to dismiss and supplemental motion to dismiss be granted and that the plaintiff’s complaint be dismissed without prejudice; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that the findings made in the Proposed Findings and Recommendation of the magistrate judge be, and they hereby are, adopted by the court and incorporated herein. It is, therefore, ORDERED that defendants’ motion to dismiss and supplemental motion to dismiss be, and they hereby are, granted. It is further ORDERED that the plaintiff’s complaint be, and it hereby is, dismissed without prejudice. Dockets.Justia.com The Clerk is directed to forward copies of this written opinion and order to the plaintiff, all counsel of record, and the United States Magistrate Judge. ENTER: May 8, 2019 2
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