Adamson v. Wexford Health Services, Inc. et al, No. 2:2019cv00575 - Document 53 (S.D.W. Va. 2021)
Court Description: ORDER directing that the 49 Proposed Findings and Recommendations by Magistrate Judge is adopted in full; the 31 and 50 Motion to Dismiss filed by Donald Ames are granted; the 33 Motion to Dismiss is granted with respect to plaintiff 's claims for monetary damages against those defendants and otherwise denied; the 27 Motion for temporary restraining order and preliminary injunction is denied; the 41 Motion to Dismiss is granted with respect to plaintiff's claims for monetary damages against that defendant and otherwise denied; this matter is referred to Magistrate Judge Tinsley for further proceedings. Signed by Senior Judge John T. Copenhaver, Jr. on 7/26/2021. (cc: counsel of record; plaintiff, United States Magistrate Judge) (lca)
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Adamson v. Wexford Health Services, Inc. et al Doc. 53 Case 2:19-cv-00575 Document 53 Filed 07/26/21 Page 1 of 3 PageID #: 388 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON DERRICK ADAMSON, Plaintiff, v. Civil Action No. 2:19-cv-00575 WEXFORD HEALTH SOURCES, INC., SANDRA MAY, PAM GIVENS, DR. CHARLES LYE, and DONALD AMES, Defendants. ORDER Pending are plaintiff’s motion for a temporary restraining order and preliminary injunction, ECF No. 27, defendant Donald Ames’ motion to dismiss the amended complaint ECF No. 31, defendants Pam Givens, Sandra May and Wexford Health Sources, Inc.’s motion to dismiss, ECF No. 33, and Defendant Dr. Charles Lye’s motion to dismiss. ECF No. 41. This action is referred to United States Magistrate Judge Dwane L. Tinsley for submission of Proposed Findings and Recommendation (“PF&R”) for disposition pursuant to 28 U.S.C. § 636(b)(1)(B). On May 6, 2021, the magistrate judge entered his PF&R recommending that the court grant Ames’ motion to dismiss, grant Pam Givens, Sandra May and Wexford Health Sources, Inc.’s motion to dismiss to the extent plaintiff claims Dockets.Justia.com Case 2:19-cv-00575 Document 53 Filed 07/26/21 Page 2 of 3 PageID #: 389 monetary damages and to deny otherwise, grant Dr. Charles Lye’s motion to dismiss to the extent plaintiff claims monetary damages and to deny otherwise, and to deny plaintiff’s motion for temporary restraining order and preliminary injunction. No party has filed any objection to the PF&R. See 28 U.S.C. § 636(b)(1) (party has fourteen days from service of PF&R to file objections); see also Fed. R. Civ. P. 6(d) (providing an additional three days where service is made by mail). On June 25, 2021, defendant Donald Ames filed a motion to dismiss plaintiff’s claims against him, inasmuch as plaintiff had failed to object in a timely manner. ECF No. 50. Plaintiff filed a response in opposition on July 1, 2021 informing the court that he believed that the PF&R was supportive of his claims. ECF No. 51. Plaintiff further informs the court that he believes Ames is no longer a party to this case and thus his filing is improper. Id. Plaintiff raises no objections to the PF&R in that filing. The parties having not filed any objection to the PF&R, it is ORDERED that: 1. The PF&R be, and it hereby is, adopted in full; 2. Defendant Donald Ames’ motions to dismiss be, and they hereby are, granted; 2 Case 2:19-cv-00575 Document 53 Filed 07/26/21 Page 3 of 3 PageID #: 390 3. Defendants Pam Givens, Sandra May and Wexford Health Sources, Inc.’s motion to dismiss be, and it hereby is, granted with respect to plaintiff’s claims for monetary damages against those defendants and otherwise denied; 4. Defendant Dr. Charles Lye’s motion to dismiss be, and it hereby is, granted with respect to plaintiff’s claims for monetary damages against that defendant and otherwise denied; 5. Plaintiff’s motion for a temporary restraining order and preliminary injunction be, and it hereby is, denied; 6. This matter is referred to Magistrate Judge Tinsley for further proceedings. The Clerk is directed to forward copies of this memorandum opinion and order to plaintiff, all counsel of record, and the United States Magistrate Judge. Enter: July 26, 2021 3
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