McCune v. United States of America, No. 3:2014cv30867 - Document 14 (S.D.W. Va. 2015)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 13 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Defendant's 5 Motion to Dismiss be granted and Plaintiff's 1 Complaint be dismissed, without prejudice, and removed from the docket of the Court. Signed by Judge Robert C. Chambers on 11/25/2015.(cc: counsel of record; any unrepresented parties) (jsa)
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McCune v. United States of America Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DONALD L. MCCUNE, Plaintiff, v. CIVIL ACTION NO. 3:14-30867 UNITED STATES OF AMERICA, 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 Defendant’s Motion to Dismiss be granted (ECF No. 5) and Plaintiff’s Complaint (ECF No. 1) be dismissed, without prejudice, and removed from the docket of the Court. Neither 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 ORDERS that Defendant’s Motion to Dismiss be GRANTED (ECF No. 5) and Plaintiff’s Complaint (ECF No. 1) be DISMISSED, without prejudice, and REMOVED from the docket of the 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: November 25, 2015 Dockets.Justia.com
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