Wilson v. Wexford Medical and Administration/staff at fault et al, No. 3:2018cv00890 - Document 97 (S.D.W. Va. 2019)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 84 PROPOSED FINDINGS AND RECOMMENDATIONS by Magistrate Judge Eifert; denying Plaintiff's 68 MOTION for Leave to Amend the Complaint to the extent that it seeks the joinder of propo sed defendants Sherry Clatworthy, Paul Stump, Julie Price, Nurse Practitioner Amanda Ford, Dr. Sherri Johnson, and the John Doe and Jane Doe defendants; Plaintiff shall have fourteen days to name the individuals she has designated as Jane Does and John Does. Signed by Judge Robert C. Chambers on 9/11/2019. (cc: counsel of record; any unrepresented parties) (jsa)

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Wilson v. Wexford Medical and Administration/staff at fault et al Doc. 97 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, in her personal capacity; J.D. SALLAZ, Acting Warden of Lakin Correctional Center, in his official capacity; SUSAN BIRDSONG, in both her personal and official capacities; CORRECTIONAL OFFICER CHERYL SPENCER, in her personal capacity; NATHAN BALL, in both his personal and official capacities; BETSY JIVIDEN, Commissioner of the DCR, in her official capacity, CANDY DAVIS, Aramark supervisor, in her personal capacity, 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 deny the Motion for Leave to Amend the Complaint to the extent that it seeks the joinder of proposed defendants Sherry Clatworthy, Paul Stump, Julie Price, Nurse Practitioner Amanda Ford, Dr. Sherri Johnson, and the John Doe and Jane Doe defendants and give Plaintiff fourteen days to name the individuals she has designated as Jane Does and John Dockets.Justia.com Does. ECF No. 68. 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 DENIES the Motion for Leave to Amend the Complaint to the extent that it seeks the joinder of proposed defendants Sherry Clatworthy, Paul Stump, Julie Price, Nurse Practitioner Amanda Ford, Dr. Sherri Johnson, and the John Doe and Jane Doe defendants. Plaintiff shall have fourteen days to name the individuals she has designated as Jane Does and John Does. 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 11, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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