Spradlin v. Rodes et al, No. 3:2016cv06986 - Document 65 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 61 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying the 51 Motion to Dismiss by Defendant Steven Boland as premature. Signed by Judge Robert C. Chambers on 9/25/2017. (cc: counsel of record; any unrepresented parties) (jsa)
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Spradlin v. Rodes et al Doc. 65 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 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. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Motion to Dismiss of Defendant Steven Boland (ECF No. 51) be denied as premature. 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, consistent with the findings and recommendations, DENIES the Motion to Dismiss of Defendant Steven Boland (ECF No. 51) as premature. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: September 25, 2017 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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