Canterbury v. Adkins et al, No. 3:2018cv01530 - Document 36 (S.D.W. Va. 2019)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 33 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Plaintiff's oral motion for an order of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2) and di smissing Defendant Western Regional Jail, removing said Defendant from the style of this case; the other defendants will remain as parties in this case pending further resolution of the claims presented. Signed by Judge Robert C. Chambers on 7/18/2019. (cc: counsel of record; any unrepresented parties) (jsa)
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Canterbury v. Adkins et al Doc. 36 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MATTHEW CANTERBURY, Plaintiff, v. CIVIL ACTION NO. 3:18-1530 WESTERN REGIONAL JAIL; BRITTANY ADKINS; CAPTAIN ALDRADGE; ADMINSTRATOR WOOD; CORPORAL AKERS; and SERGEANT DIAMOND, 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 grant Plaintiff’s oral motion for an order of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2) and dismiss Defendant WRJ, removing said Defendant from the style of this case. The Magistrate Judge further recommended that the other defendants remain as parties in this case pending further resolution of the claims presented. 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 GRANTS Plaintiff’s oral motion for an order of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2) and DISMISSES Defendant WRJ, removing said Defendant Dockets.Justia.com from the style of this case. The other defendants will remain as parties in this case pending further resolution of the claims presented. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: July 18, 2019 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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