Templeton et al v. Casto et al, No. 3:2013cv06442 - Document 14 (S.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 12 Proposed Findings and Recommendation of the Magistrate Judge; denying Plaintiff James E. Templton's 4 APPLICATION to Proceed without Prepayment of Fees and Costs, 3 LETTER-FO RM MOTION for direction from the Court and Plaintiffs' 8 MOTION for Leave to File an Amended Complaint to substitute Larry Crawford as a defendant in place of Ronald Casto; dismissing the 1 Complaint with prejudice and removing this matter from the docket of this Court. Signed by Judge Robert C. Chambers on 9/26/2013. (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 JAMES E. TEMPLETON, JOSHUA K. DEEL, JAMES WESLEY CASH, MATTHEW JAMES HOSKINSON, and JAMES SCOTT ADKINS,, Plaintiffs, v. CIVIL ACTION NO. 3:13-6442 RONALD B. CASTO, Director of the Western Regional Jail, MISTY BENNETT, Prime Care Medical Inc., BRADLEY BYRD, Aramark Food Service Director, 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 Court deny the application of Plaintiff, James E. Templeton, to proceed in forma paupers (ECF No. 4), deny his letter motion for direction from the Court (ECF No. 3), deny Plaintiffs Motion to Amend the Complaint to substitute Larry Crawford as a defendant in place of Ronald Casto (ECF No. 8), dismiss the complaint, with prejudice (ECF No. 1), and remove this matter from the docket of this Court. No party has filed objections to the Magistrate Judge=s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES the application of Plaintiff, James E. Templeton, to proceed in forma paupers (ECF No. 4), DENIES his letter motion for direction from the Court (ECF No. 3), DENIES Plaintiffs Motion to Amend the Complaint to substitute Larry Crawford as a defendant in place of Ronald Casto (ECF No. 8), DISMISSES the complaint, with prejudice (ECF No. 1), and removes this matter from the docket of this Court, 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: -2- September 26, 2013

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