Miller v. Superintendent et al, No. 2:2021cv00562 - Document 5 (S.D.W. Va. 2022)

Court Description: ORDER adopting and incorporating herein the 4 Proposed Findings and Recommendations of the Magistrate Judge and directing that Andrew Miller's 3 Application to Proceed without Prepayment of Fees or Costs is denied; this civil action is dismissed and the Clerk is directed to remove this action from the Court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 5/11/2022. (cc: all counsel of record, any unrepresented party, and United States Magistrate Judge Tinsley) (msa)

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Miller v. Superintendent et al Doc. 5 Case 2:21-cv-00562 Document 5 Filed 05/11/22 Page 1 of 2 PageID #: 67 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON ANDREW MILLER, Plaintiff, v. Civil Action No. 2:21-00562 SUPERINTENDENT, W. VA. BOARD, and CIRCUIT COURT 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. 4); and the magistrate judge having recommended that the court deny Miller’s Application to Proceed without Prepayment of Fees and Costs (ECF No. 3) and dismiss this civil action; 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 2:21-cv-00562 Document 5 Filed 05/11/22 Page 2 of 2 PageID #: 68 Accordingly, it is further ORDERED that: 1. Andrew Miller’s Application to Proceed Without Prepayment of Fees or Costs (ECF No. 3) be, and it hereby is, denied. 2. This civil action be, and hereby it is, dismissed. 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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