Thompson v. West Virginia Regional Jail/Corr. Authority et al, No. 3:2013cv01897 - Document 68 (S.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating Magistrate Judge Eifert's 67 Proposed Findings and Recommendations; denying Sergeant Lambert and Officer Goodwin's 41 and 43 MOTIONS to Dismiss. Signed by Judge Robert C. Chambers on 1/9/2014. (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 BARRY G. THOMPSON, Plaintiff, v. CIVIL ACTION NO. 3:13-1897 MICHAEL CLARK; SERGENT LAMBERT; CORRECTIONAL OFFICER MANMETER; CORRECTIONAL OFFICER GOODWIN; and OTHER UNKNOWN CORRECTIONAL OFFICERS, 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 the pending motions to dismiss filed by Sergeant Lambert and Officer Goodwin (ECF Nos. 41 and 43) be denied. No objections to the Magistrate Judge=s findings and recommendations have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES the pending motions to dismiss filed by Sergeant Lambert and Officer Goodwin (ECF Nos. 41 and 43), consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: January 9, 2014

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