Smith v. City of Huntington et al, No. 3:2017cv03806 - Document 13 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 10 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Plaintiff's 1 Application to Proceed Without Prepayment of Fees and Costs be DENIED; Plaintiff& #039;s 2 Complaint and 8 Amended Complaint be DISMISSED for failure to state a claim; and this action be removed from the docket of the Court. Signed by Judge Robert C. Chambers on 11/8/2017. (cc: counsel of record; any unrepresented parties) (jsa)
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Smith v. City of Huntington et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TASHEMA D. SMITH, Plaintiff, v. CIVIL ACTION NO. 3:17-3806 CITY OF HUNTIGNTON, CABELL COUNTY STATE OF WEST VIRGINIA, Cabell County District, FEDERAL AUTHORITIES, and any and all entities or departments associated with them, 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 Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (ECF No. 1) be denied; Plaintiff’s complaint and amended complaint (ECF Nos. 2, 8) be dismissed for failure to state a claim; and this action be removed from the docket of the Court. By Order of October 20, 2017, the deadline for objections to the proposed findings was stayed until October 31, 2017, to allow Plaintiff to either retain counsel or file objections. Counsel was not retained and neither party has filed objections to the Magistrate Judge=s findings and recommendations. Dockets.Justia.com Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and ORDERS that Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (ECF No. 1) be DENIED; Plaintiff’s complaint and amended complaint (ECF Nos. 2, 8) be DISMISSED for failure to state a claim; and this action be removed from the docket of the Court, 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: November 8, 2017 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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