Mullins v. South Central Regional Jail, No. 2:2018cv00514 - Document 7 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER adopting the findings made in the 6 Proposed Findings and Recommendation by Magistrate Judge. It is ORDERED that this action be, and it hereby is, dismissed, with prejudice, pursuant to 28 U.S.C. §§ 191 5(e)(2)(B) and 1915A; that plaintiff's 3 application to proceed without prepayment of fees and costs be, and it hereby is, DENIED as moot; that the court waives payment of the applicable filing fee. The Clerk is directed to remove this action from the Court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 11/24/2020. (cc: counsel of record, any unrepresented party, United States Magistrate Judge) (mk)
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Mullins v. South Central Regional Jail Doc. 7 Case 2:18-cv-00514 Document 7 Filed 11/24/20 Page 1 of 2 PageID #: 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON ROBERT DANIEL MULLINS Plaintiff, v. Case No. 2:18-cv-00514 SOUTH CENTRAL REGIONAL JAIL, Defendant. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on October 13, 2020 (ECF No. 6); and the magistrate judge having recommended that the court dismiss the action pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A based on the plaintiff’s failure to state a claim against defendant South Central Regional Jail (a state agency that enjoys Eleventh Amendment immunity), or in the alternative, pursuant to Federal Rule of Civil Procedure 41(b) based on the plaintiff’s failure to prosecute; 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 (ECF No. 6) be, and they hereby are, adopted by the court and incorporated herein. Dockets.Justia.com Case 2:18-cv-00514 Document 7 Filed 11/24/20 Page 2 of 2 PageID #: 30 Accordingly, it is further ORDERED that: 1. This action be, and it hereby is, dismissed, with prejudice, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. 2. The plaintiff’s application to proceed without prepayment of fees and costs (ECF No. 3) be, and it hereby is, DENIED as moot. The court waives payment of the applicable filing fee. 3. The Clerk is directed to remove this action from the court’s docket. The Clerk is directed to forward copies of this memorandum opinion and order to all counsel of record, any unrepresented party, and the United States Magistrate Judge. ENTER: 2 November 24, 2020
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