Lewis v. Western Regional Jail, No. 3:2011cv01016 - Document 18 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating Magistrate Judge Eifert's 16 Proposed Findings and Recommendation; denying Plaintiff's 7 APPLICATION to Proceed Without Prepayment of Fees or Costs; dismissing, with prejudice, Plaintiff's 1 and 5 Complaint for failure to state a claim; dismissing, with prejudice, as moot, Plaintiff's 10 MOTION to transfer funds. Signed by Judge Robert C. Chambers on 8/27/2012. (cc: attys; any unrepresented parties) (mkw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION EDWARD LEE LEWIS, Plaintiff, v. CIVIL ACTION NO. 3:11-1016 WESTERN REGIONAL JAIL, et al., 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 Application to proceed without prepayment of fees or costs (Doc. #7) be denied pursuant to 28 U.S.C. § 1915(e)(2)(B); his Complaint (Doc. #s 1 and 5) be dismissed, with prejudice, for failure to state a claim; and his motion to transfer funds (Doc. #10) be dismissed, with prejudice, as moot. 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 Application to proceed without prepayment of fees or costs (Doc. #7) be DENIED pursuant to 28 U.S.C. § 1915(e)(2)(B); his Complaint (Doc. #s 1 and 5) be DISMISSED, with prejudice, for failure to state a claim; and his motion to transfer funds (Doc. #10) be DISMISSED, with prejudice, as moot, and 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 27, 2012 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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