Spradlin v. West Virginia Regional Jail Authority, No. 3:2016cv08968 - Document 23 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 22 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting the West Virginia Regional Jail Authority's 9 Motion to Dismiss; denying Plaintiff's 13 Motion to Not Dismiss; dismissing the 2 Complaint against the Jail Authority, with prejudice; and removing this matter from the docket of the Court. Signed by Judge Robert C. Chambers on 6/6/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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Spradlin v. West Virginia Regional Jail Authority Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JACOB SPRADLIN, Plaintiff, v. CIVIL ACTION NO. 3:16-8968 WEST VIRGINIA REGIONAL JAIL AUTHORITY, 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 the Court grant the Jail Authority’s Motion to Dismiss (ECF No. 9); deny Spradlin’s Motion to Not Dismiss (ECF No. 13); dismiss the complaint against the Jail Authority, with prejudice, and remove this matter 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 GRANTS the Jail Authority’s Motion to Dismiss (ECF No. 9); DENIES Spradlin’s Motion to Not Dismiss (ECF No. 13); DISMISSES the complaint against the Jail Authority, with prejudice, and REMOVES this matter from the docket of the 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- June 6, 2017

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