Wilson v. Wexford Medical and Administration/staff at fault et al, No. 3:2018cv00890 - Document 232 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 231 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 198 MOTION for Summary Judgment; granting the 201 , 203 , and 205 MOTIONS for Summary Judgment of Wexford, Beegle, and the DCR defendants; granting the dismissal of defendant Candy Davis, who was never properly served with process; dismissing the 3 Complaint and its amendments, with prejudice; and removing this case from the docket of the Court. Signed by Judge Robert C. Chambers on 1/26/2021. (cc: counsel of record; any unrepresented parties) (jsa)
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Wilson v. Wexford Medical and Administration/staff at fault et al Doc. 232 Case 3:18-cv-00890 Document 232 Filed 01/26/21 Page 1 of 2 PageID #: 3223 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TAMMY SHERRELL WILSON, Plaintiff, v. CIVIL ACTION NO. 3:18-0890 WEXFORD MEDICAL and ADMINISTRATION/STAFF AT FAULT, (1990 through present); WARDEN LORI NOHE; J. D. SALLAZ; SUSAN BIRDSONG; CORRECTIONAL OFFICER CHERYL SPENCER; NATHAN BALL; BETSY JIVIDEN; CANDY DAVIS, C. J. RIDER; and HEIDI BEEGLE, R.N., 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 recommendations 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 deny the Summary Judgment Motion filed by Wilson (ECF No. 198); grant the Summary Judgment Motions of Wexford, Beegle, and the DCR defendants (ECF Nos. 201, 203, 205); grant the dismissal of defendant Candy Davis, who was never properly served with process; dismiss the amended complaint, with prejudice, and remove this case from the docket of the Court. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Dockets.Justia.com Case 3:18-cv-00890 Document 232 Filed 01/26/21 Page 2 of 2 PageID #: 3224 Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and DENIES the Summary Judgment Motion filed by Wilson (ECF No. 198); GRANTS the Summary Judgment Motions of Wexford, Beegle, and the DCR defendants (ECF Nos. 201, 203, 205); GRANTS the dismissal of defendant Candy Davis, who was never properly served with process; DISMISSES the amended complaint, with prejudice, and REMOVES this case from the docket of the Court, consistent with the findings and recommendations. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties. ENTER: January 26, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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