Perez v. Tusing, No. 3:2008cv01252 - Document 15 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER, re: 1 Application to Proceed without Prepayment of Fees or Costs filed by Robert Perez, 11 Motion for Emergency Petition for Jurisdiction filed by Robert Perez, 10 Application to Proceed in forma pauperis filed by Robert Perez, 14 Findings and Recommendations by Magistrate Judge,, 9 Amended Emergency Motion filed by Robert Perez. The Court accepts and incorpoprates the findings and recommendation of Magistrate Judge Taylor, grants plaintiff's applica tions to proceed in forma pauperis, denies his letter form motion filed 11/3/2008, his emergency motion file 11/19/2008, and his letter-form motion filed 11/25/2008, and dismisses the petition and this action, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 4/23/2010. (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 ROBERT PEREZ, Plaintiff, v. CIVIL ACTION NO. 3:08-1252 CORPORAL TUSING, of the Putnam County Sheriff s Dept., Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Maurice G. Taylor, Jr., United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Plaintiff s application to proceed in forma pauperis be granted, that his letter form motion filed November 3, 2008, his amended emergency motion filed November 19, 2008, and his letter form motion filed November 25, 2008, be denied, and that his petition and this action be dismissed. 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 GRANTS Plaintiff s application to proceed in forma pauperis, DENIES his letter form motion filed November 3, 2008, his amended emergency motion filed November 19, 2008, and his letter form motion filed November 25, 2008, and DISMISSES his petition and this action, 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 23, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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