Gossage v. McDonald, No. 3:2015cv04431 - Document 28 (S.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 27 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Plaintiff's 26 motion to dismiss be GRANTED; Defendant's 14 Motion to Dismiss, or in the Alternative, for Summary Judgment, be DENIED as moot; the complaint be DISMISSED without prejudice; and this action be REMOVED from the docket of this Court. Signed by Judge Robert C. Chambers on 11/12/2015. (cc: counsel of record; any unrepresented parties) (jsa)

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Gossage v. McDonald Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DENISE M. GOSSAGE, Plaintiff, v. CIVIL ACTION NO. 3:15-4431 ROBERT McDONALD, Secretary Department of Veterans Affairs, 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 Plaintiff’s motion to dismiss (ECF No. 26) be granted; Defendant’s Motion to Dismiss, or in the Alternative, for Summary Judgment (ECF No. 14), be denied as moot; the complaint be dismissed, without prejudice; and this action be removed from the docket of this 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 Plaintiff’s motion to dismiss (ECF No. 26) be GRANTED; Defendant’s Motion to Dismiss, or in the Alternative, for Summary Judgment (ECF No. 14), be DENIED as moot; the complaint be DISMISSED without prejudice; and this action be REMOVED from the docket of this Court, consistent with the findings and recommendations. Dockets.Justia.com 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- November 12, 2015

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