Hudgins v. Prime Care Medical, No. 3:2016cv03218 - Document 24 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 23 Findings and Recommendation of the Magistrate Judge; granting 10 MOTION by Prime Care Medical to Dismiss the 2 Complaint and Alternative MOTION for Summary Judgment and DISMISSING this civil action, without prejudice, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 3/20/2017. (cc: attys; any unrepresented parties) (mkw)

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Hudgins v. Prime Care Medical Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION AARON DEWAYNE HUDGINS, Plaintiff, v. CIVIL ACTION NO. 3:16-3218 PRIMECARE MEDICAL, Defendant. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Dwane L. Tinsley, 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 grant PrimeCare Medical’s Motion to Dismiss and Alternative Motion for Summary Judgment (ECF No. 10) and dismiss this civil action, without prejudice. 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 GRANTS PrimeCare Medical’s Motion to Dismiss and Alternative Motion for Summary Judgment (ECF No. 10) and DISMISSES this civil action, without prejudice, 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: March 20, 2017 Dockets.Justia.com

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