Cleveland v. Department of Corrections et al, No. 2:2019cv00736 - Document 50 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER directing that the findings made in the 29 Proposed Findings and Recommendation of the magistrate judge are adopted by the court and incorporated herein; accordingly, Defendants West Virginia Division of Corrections an d Rehabilitation ("Department of Corrections"), Mount Olive Correctional Complex, and Administrative Segregation Committee are DISMISSED from this action. Signed by Senior Judge John T. Copenhaver, Jr. on 10/1/2021. (cc: counsel of record, any unrepresented party, and the United States Magistrate Judge) (msa)
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Cleveland v. Department of Corrections et al Doc. 50 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON HASON CLEVELAND, Plaintiff, v. Civil Action No. 2:19-cv-00736 DEPARTMENT OF CORRECTIONS; MOUNT OLIVE CORRECTIONAL COMPLEX; DONALD AMES, superintendent; BRENDA WARD; CHERYL CHANDLER; ADMINISTRATIVE SEGREGATION COMMITTEE; JOHN. C. YOUNG, investigator; and SHERRILL SNYDER, Defendants. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on May 5, 2021 (ECF No. 29); and the magistrate judge having recommended that the court dismiss defendants West Virginia Division of Corrections and Rehabilitation, Mount Olive Correctional Complex, and Administrative Segregation Committee from this civil action because they are not persons suable under 42 U.S.C. § 1983; 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 Dockets.Justia.com magistrate judge (ECF No. 29) be, and they hereby are, adopted by the court and incorporated herein. Accordingly, it is further ORDERED that Defendants West Virginia Division of Corrections and Rehabilitation (“Department of Corrections”), Mount Olive Correctional Complex, and Administrative Segregation Committee are DISMISSED from this action. 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 October 1, 2021
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