Boose v. Adkins et al, No. 3:2018cv01480 - Document 46 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 45 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Defendant Lieutenant Fleming's 25 MOTION to Dismiss be granted; that the 23 AMENDED COMPLAINT be dismissed, with prejudice, against Defendant Lieutenant Fleming; and that Defendant Lieutenant Fleming be removed as a defendant in this civil action. Signed by Judge Robert C. Chambers on 10/31/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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Boose v. Adkins et al Doc. 46 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION LANDRIUS TYREE BOOSE, Plaintiff, v. CIVIL ACTION NO. 3:18-1480 WESTERN REGIONAL JAIL; ADMINISTRATOR WOOD; CORRECTIONAL OFFICER ADKINS; and LIEUTENANT FLEMING, 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 Defendant Lieutenant Fleming’s motion to dismiss (ECF No. 25) be granted; that the amended complaint (ECF No. 23) be dismissed, with prejudice, against Defendant Lieutenant Fleming; and that Defendant Lieutenant Fleming be removed 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 ORDERS that Defendant Lieutenant Fleming’s motion to dismiss (ECF No. 25) be GRANTED; that the amended complaint (ECF No. 23) be DISMISSED, with Dockets.Justia.com prejudice, against Defendant Lieutenant Fleming; and that Defendant Lieutenant Fleming be REMOVED as a defendant in this civil action, 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: October 31, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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