Klages v. Stubblefield et al, No. 3:2009cv00840 - Document 8 (S.D.W. Va. 2011)

Court Description: MEMORANDUM OPINION AND ORDER re: The Court accepts and incorporates herein the 7 Proposed Findings and Recommendations by Magistrate Judge; and Orders that Plaintiff's complaint be Dismissed with Prejudice and Denies 1 Application to Proceed without Prepayment of Fees or Costs filed by James P. Klages, Jr. consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 8/5/2011. (cc: attys; any unrepresented party) (skm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JAMES P. KLAGES, JR., Plaintiff, v. CIVIL ACTION NO. 3:09-0840 RENAE STUBBLEFIELD, Administrator, and RICK SMITH, Business Manager, Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, 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 Plaintiff s Complaint be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii) and Plaintiff s application to proceed without prepayment of fees or costs be denied 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 ORDERS that Plaintiff s Complaint be DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii) and Plaintiff s application to proceed without prepayment of fees or costs be DENIED 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: August 5, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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