Miller v. Doe et al, No. 2:2021cv00494 - Document 9 (S.D.W. Va. 2022)

Court Description: ORDER adopting the 8 Proposed Findings and Recommendations by Magistrate Judge; denying 6 APPLICATION by Andrew Miller to Proceed without Prepayment of Fees and Costs; dismissing this civil action without prejudice; and directing the Clerk to remove this action from the court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 5/11/2022. (cc: counsel of record; any unrepresented party; and United States Magistrate Judge Tinsley) (mk)

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Miller v. Doe et al Doc. 9 Case 2:21-cv-00494 Document 9 Filed 05/11/22 Page 1 of 2 PageID #: 160 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON ANDREW MILLER, Plaintiff, v. Civil Action No. 2:21-00494 JANE DOES, I-III, Medical Unit, South Central Regional Jail Defendants. ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on February 28, 2022 (ECF No. 8); and the magistrate judge having recommended that the court deny Miller’s Application to Proceed without Prepayment of Fees and Costs and dismiss this civil action without prejudice; 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. 8) be, and they hereby are, adopted by the court and incorporated herein. Dockets.Justia.com Case 2:21-cv-00494 Document 9 Filed 05/11/22 Page 2 of 2 PageID #: 161 Accordingly, it is further ORDERED that: 1. Andrew Miller’s Application to Proceed Without Prepayment of Fees or Costs (ECF No. 6) be, and it hereby is, denied. 2. This civil action be, and hereby it is, dismissed without prejudice. 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 United States Magistrate Judge Tinsley. ENTER: 2 May 11, 2022

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