Spradlin v. Crawford et al, No. 3:2016cv06986 - Document 41 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 39 Proposed Findings and Recommendations by Magistrate Judge Eifert; GRANTING the 22 Motion to Dismiss Larry Crawford; DENYING Plaintiff's 28 Motion to Not Dismiss; DISMISSING the complaint against Larry Crawford, and REMOVING him as a defendant in this case. Signed by Judge Robert C. Chambers on 6/13/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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Spradlin v. Crawford et al Doc. 41 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JACOB SPRADLIN, Plaintiff, v. CIVIL ACTION NO. 3:16-6986 ADMINISTRATOR LARRY CRAWFORD of the West Virginia Regional Jail; DAVID RODES; and STEVEN BOLAND, 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 grant the Motion to Dismiss Larry Crawford (ECF No. 22); deny Spradlin’s Motion to Not Dismiss (ECF No. 28); dismiss the complaint against Larry Crawford, and remove him as a defendant in this case. 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 the Motion to Dismiss Larry Crawford (ECF No. 22); DENIES Spradlin’s Motion to Not Dismiss (ECF No. 28); DISMISSES the complaint against Larry Crawford, and REMOVES him as a defendant in this case, 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- June 13, 2017

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