Cristia et al v. Peoples Bank, No. 2:2019cv00233 - Document 6 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER the Court ADOPTS and INCORPORATES the 4 Proposed Findings and Recommendations for the reasons stated herein; DISMISSES WITH PREJUDICE Plaintiff's 2 federal claim for failure to state a claim upon which relief m ay be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and DISMISSES WITHOUT PREJUDICE Plaintiff's state-law claims pursuant to 28 U.S.C. § 1367(c). Signed by Judge Joseph R. Goodwin on 6/17/2020. (cc: counsel of record; any unrepresented party) (msa)

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Cristia et al v. Peoples Bank Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION MONTE CRISTIA, et al., Plaintiffs, v. CIVIL ACTION NO. 2:19-cv-00233 PEOPLES BANK, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to United States Magistrate Judge Dwane L. Tinsley for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On April 16, 2020, Magistrate Judge Tinsley submitted the Proposed Findings of Fact and Recommendation(“PF&R”), [ECF No. 4], recommending the court DISMISS WITH PREJUDICE Plaintiff’s federal claim for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B) and DISMISS WITHOUT PREJUDICE Plaintiff’s statelaw claims pursuant to 28 U.S.C. § 1367(c). To date, no objections to Magistrate Judge Tinsley’s PF&R have been filed, and the time period for the filing of objections has passed. Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. For the reasons stated, the court DISMISSES WITH PREJUDICE Plaintiff’s federal claim for failure to state a claim upon which relief may be granted pursuant to 28 Dockets.Justia.com U.S.C. § 1915(e)(2)(B) and DISMISSES WITHOUT PREJUDICE Plaintiff’s state-law claims pursuant to 28 U.S.C. § 1367(c). The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: June 17, 2020

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