Crump v. Morton-Smith, No. 3:2010cv00788 - Document 32 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER. The Court accepts and incorporates the 31 Proposed Findings and Recommendation by Magistrate Judge Eifert and dismisses plaintiff's 3 complaint. The Court denies plaintiff's 2 application to proceed without payment of fees or costs, plaintiff's 6 motion to transfer jurisdiction, and, plaintiff's 30 motion to withdraw guilty plea. Signed by Judge Robert C. Chambers on 11/15/2010. (cc: attys; any unrepresented party) (gan)
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Crump v. Morton-Smith Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION NORVELL WEBSTER CRUMP, Plaintiff, v. CIVIL ACTION NO. 3:10-0788 SUSAN MORTON-SMITH, Defendant. 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 the Court dismiss Plaintiff’s Complaint (Doc. #3) with prejudice pursuant to the screening provisions of 28 U.S.C. § 1915, deny Plaintiff’s application to proceed without prepayment of fees or costs (Doc. #2) pursuant to 28 U.S.C. § 1915(e)(2)(B), and deny Plaintiff’s Motion to Transfer Jurisdiction (Doc. #6) and Motion to Withdraw Guilty Plea (Doc. #30). 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 (Doc. #3) with prejudice pursuant to the screening provisions of 28 U.S.C. § 1915, DENIES Plaintiff’s application to proceed without payment of fees or costs (Doc. #2) pursuant to 28 U.S.C. § 1915(e)(2)(B), and DENIES Plaintiff’s Dockets.Justia.com Motion to Transfer Jurisdiction (Doc. #6) and Motion to Withdraw Guilty Plea (Doc. #30), 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: November 15, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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