Green v. Briner et al, No. 2:2019cv00884 - Document 68 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER adopting the 65 Proposed Findings and Recommendation by Magistrate Judge; granting defendants' 54 Motion for Summary Judgment; dismissing this civil action with prejudice and removing it from the court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 7/30/2021. (cc: plaintiff, pro se; counsel of record; any unrepresented party; USMJ) (arb)

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Green v. Briner et al Doc. 68 Case 2:19-cv-00884 Document 68 Filed 07/30/21 Page 1 of 2 PageID #: 666 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JULIAN GREEN, Plaintiff, v. Civil Action No. 2:19-cv-00884 COURTLAND BRINER, RUSSELL COOK, and RICHARD MCKEEN, Defendants. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation (“PF&R”) of United States Magistrate Judge Dwane L. Tinsley, entered on July 8, 2021 (ECF No. 65); and the Magistrate Judge having recommended that the court (1) grant the defendant’s motion for summary judgment, filed on November 18, 2020 (ECF No. 54), and dismiss this civil action and remove it from the court’s docket; and no objection having been filed to the PF&R, it is ORDERED that the findings made in the PF&R of the Magistrate Judge (ECF No. 65) be, and they hereby are, adopted by the court and incorporated herein. It is, accordingly, ORDERED that the defendants’ motion for summary judgment (ECF No. 54) be, and hereby it is, granted. It is further ORDERED that this civil action be, and Dockets.Justia.com Case 2:19-cv-00884 Document 68 Filed 07/30/21 Page 2 of 2 PageID #: 667 hereby it is, dismissed with prejudice and removed from the court’s docket. The Clerk is directed to forward copies of this memorandum opinion and order to the pro se plaintiff, all counsel of record, any other unrepresented party, and the United States Magistrate Judge. ENTER: July 30, 2021 2

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