Duncan v. Farmer et al, No. 3:2018cv01355 - Document 285 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 277 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Defendant Zxavian D. Martin's 254 MOTION to Dismiss; dismissing, with prejudice, the 262 Third Amended Complaint against Zxavian D. Martin; and removing Zxavian D. Martin as a defendant in this civil action. Signed by Judge Robert C. Chambers on 8/19/2020. (cc: counsel of record; any unrepresented parties) (jsa)
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Duncan v. Farmer et al Doc. 285 Case 3:18-cv-01355 Document 285 Filed 08/19/20 Page 1 of 2 PageID #: 2713 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION HENRY TIMBERLAKE DUNCAN, Plaintiff, v. CIVIL ACTION NO. 3:18-01355 EXECUTIVE DIRECTOR DAVID FARMER, et al., 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 grant the Motion to Dismiss of Defendant Zxavian D. Martin (ECF No. 254); dismiss, with prejudice, the third amended complaint against Zxavian D. Martin; and remove Zxavian D. Martin as a defendant in this civil action. Neither party has filed objections to the Magistrate Judge’s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS the Motion to Dismiss of Defendant Zxavian D. Martin (ECF No. 254); DISMISSES, with prejudice, the third amended complaint against Zxavian D. Martin; and REMOVES Zxavian D. Martin as a defendant in this civil action, consistent with the findings and recommendations. Dockets.Justia.com Case 3:18-cv-01355 Document 285 Filed 08/19/20 Page 2 of 2 PageID #: 2714 The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: August 19, 2020 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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