Johnson v. Verizon Communications Inc, No. 3:2011cv00382 - Document 9 (S.D.W. Va. 2011)

Court Description: MEMORANDUM OPINION AND ORDER adopting proposed findings and recommendation ; granting 4 Motion to Dismiss for Failure to State a Claim, filed by Verizon Communications Inc.; action dismissed, with prejudice, and removed from the docket of the Court consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 9/16/2011. (cc: attys; any unrepresented party) (dcm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION CHRISTOPHER E. JOHNSON, Plaintiff, v. CIVIL ACTION NO. 3:11-0382 VERIZON COMMUNICATIONS, 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. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Defendant s Motion to Dismiss (Doc. #4) be granted; and this civil action be dismissed, with prejudice, and removed from the docket of this Court. 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 Defendant s Motion to Dismiss (Doc. #4) be granted; and this civil action be dismissed, with prejudice, and removed from the docket of this Court, 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: September 16, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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