Rauch v. West Virginia Department of Corrections and Rehabilitation et al, No. 2:2020cv00124 - Document 7 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 6 Proposed Findings and Recommendations. Directing that this case be dismissed and the 1 Application is denied as moot. The Clerk is directed to remove this action from the court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 12/14/2020. (cc: counsel of record, any unrepresented party, US Magistrate Judge) (lca)
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Rauch v. West Virginia Department of Corrections and Rehabilitation et al Doc. 7 Case 2:20-cv-00124 Document 7 Filed 12/14/20 Page 1 of 2 PageID #: 51 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JORDAN L. RAUCH, Plaintiff, v. Civil Action No. 2:20-cv-00124 WEST VIRGINIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; and BETSY JIVIDEN, Commissioner of Corrections, 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 11, 2020 (ECF No. 6); and the magistrate judge having recommended that the court dismiss the action pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A as well as Federal Rule of Civil Procedure 12(h)(3) based on the court’s lack of jurisdiction to grant mandamus relief against the defendants; 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. 6) be, and they hereby are, adopted by the court and incorporated herein. Dockets.Justia.com Case 2:20-cv-00124 Document 7 Filed 12/14/20 Page 2 of 2 PageID #: 52 Accordingly, it is further ORDERED that: 1. This action be, and it hereby is, dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A as well as Federal Rule of Civil Procedure 12(h)(3). 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 December 14, 2020
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