Adkins v. Pratt, et al, No. 3:2008cv01396 - Document 25 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER, re: 19 Application to Proceed without Prepayment of Fees or Costs filed by David Bruce Adkins, 17 Application to Proceed in forma pauperis filed by David Bruce Adkins, 22 Findings and Recommendation by Magistrate J udge. The Court accepts and incorporates the findings and recommendation of Magistrate Judge Taylor and grants plaintiff's applications to proceed in forma pauperis and dismisses the complaint in this action, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 5/13/2010. (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 DAVID BRUCE ADKINS, Plaintiff, v. CIVIL ACTION NO. 3:08-1396 JUDGE PRATT, et al., Defendants. 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 and that his complaint 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 and DISMISSES his complaint 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: May 13, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE
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