Norris v. West Virginia Department of Corrections, No. 3:2008cv01163 - Document 10 (S.D.W. Va. 2011)
Court Description: MEMORANDUM OPINION AND ORDER. The Court adopts the findings and recommendation of Magistrate Judge Eifert, denies plaintiff's 2 Application to Proceed without Prepayment of Fees or Costs and dismisses plaintiff's complaint with prejudice as moot. Signed by Judge Robert C. Chambers on 4/19/2011. (cc: attys; any unrepresented party) (gan)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DAVID DANIEL NORRIS, II, Plaintiff, v. CIVIL ACTION NO. 3:08-1163 WEST VIRGINIA DIVISION OF CORRECTIONS, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable [Maurice G. Taylor, Jr./ Mary E. Stanley/ R. Clarke VanDervort], United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court dismiss Plaintiff s Complaint with prejudice as moot and deny Plaintiff s Application to Proceed Without Prepayment of Fees or Costs, pursuant to 28 U.S.C. §1915(e)(2)(B). Neither party has filed objections to the Magistrate Judge s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DISMISSES Plaintiff s Complaint with prejudice as moot and DENIES Plaintiff s Application to Proceed Without Prepayment of Fees or Costs pursuant to 28 U.S.C. §1915(e)(2)(B) consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: April 19, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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