Boyes v. Young et al, No. 2:2020cv00108 - Document 32 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 24 Proposed Findings and Recommendations directing that defendant West Virginia D.O.C. is dismissed from this action. Further directing that this matter is referred to the magistrate Judge for further proceedings. Signed by Senior Judge John T. Copenhaver, Jr. on 10/26/2020. (cc: counsel of record; any unrepresented party, US Magistrate Judge) (lca)
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Boyes v. Young et al Doc. 32 Case 2:20-cv-00108 Document 32 Filed 10/26/20 Page 1 of 2 PageID #: 164 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON TODD W. BOYES Plaintiffs, v. Case No. 2:20-cv-00108 WEST VIRGINIA D.O.C., JOHN YOUNG, INVESTIGATOR DIXON, JOHN FRAME, DONALD AMES, BETSY JIVIDIEN, and JOHN DOE, Defendants. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on September 28, 2020 (ECF No. 24); and the magistrate judge having recommended that the court dismiss defendant West Virginia D.O.C. from this action pursuant to 28 U.S.C. ยงยง 1915A and 1915(e)(2)(B) and leave this matter referred to the magistrate judge for further proceedings; 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 be, and they hereby are, adopted by the court and incorporated herein. Dockets.Justia.com Case 2:20-cv-00108 Document 32 Filed 10/26/20 Page 2 of 2 PageID #: 165 It is, accordingly, ORDERED that defendant West Virginia D.O.C. be, and it hereby is, dismissed from this action. It is further ORDERED that this matter is referred to the magistrate judge for further proceedings. 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: October 26, 2020 2
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