Sanders v. Gabehart, No. 2:2019cv00880 - Document 5 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER adopting the findings made in the 4 Proposed Findings and Recommendations by Magistrate Judge; dismissing this action with prejudice; denying as moot the 1 Application to Proceed Without Prepayment of Fees or Costs; w aiving payment of the applicable filing fee; and directing the Clerk to remove this action from the court's docket sheet. Signed by Senior Judge John T. Copenhaver, Jr. on 11/25/2020. (cc: counsel of record; any unrepresented party; United States Magistrate Judge) (mk)
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Sanders v. Gabehart Doc. 5 Case 2:19-cv-00880 Document 5 Filed 11/25/20 Page 1 of 2 PageID #: 22 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON CAMERON SANDERS, Plaintiff, v. Civil Action No. 2:19-cv-00880 JIM GABEHART, Lincoln County Prosecutor, 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 29, 2020 (ECF No. 4); and the magistrate judge having recommended that the court dismiss the action pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A based on the defendant’s absolute prosecutorial immunity; 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. 4) be, and they hereby are, adopted by the court and incorporated herein. Dockets.Justia.com Case 2:19-cv-00880 Document 5 Filed 11/25/20 Page 2 of 2 PageID #: 23 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)(ii) and 1915A. 2. The plaintiff’s application to proceed without prepayment of fees and costs (ECF No. 1) 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 25, 2020
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