Figures v. Hale et al, No. 3:2019cv00728 - Document 44 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 43 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Defendants' 40 MOTION to Dismiss be granted; that Plaintiff's 2 Complaint be dismissed; and this action be removed from the docket of the Court. Signed by Judge Robert C. Chambers on 4/12/2021. (cc: counsel of record; any unrepresented parties) (jsa)

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Figures v. Hale et al Doc. 44 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MARQUISE FIGURES, Plaintiff, v. CIVIL ACTION NO. 3:19-0728 CHAD HALE and VANCE KEATON, Booking Officer, 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 Defendants’ Motion to Dismiss (ECF No. 40) be granted, that Plaintiff’s complaint (ECF No. 2), be dismissed, and this action be removed from the docket of the Court. 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 Defendants’ Motion to Dismiss (ECF No. 40) be granted, that Plaintiff’s complaint (ECF No. 2), be dismissed, and this action be removed from the docket of the Court, 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: April 12, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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