Murphy v. Akers et al, No. 3:2020cv00409 - Document 91 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 87 Proposed Findings and Recommendations by Magistrate Judge Tinsley; denying Defendant Ashley Vallandingham's 63 Motion to Dismiss and leaving this matter referred to the Magistrate Judge for additional proceedings. Signed by Judge Robert C. Chambers on 7/1/2021. (cc: counsel of record; any unrepresented parties) (hkl)
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Murphy v. Akers et al Doc. 91 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION CHARLES EDWARD MURPHY, Plaintiff, v. CIVIL ACTION NO. 3:20-0409 CORPORAL AKERS; SGT. FERGESON; CORPORAL HENDRICKS; ASHLEY VALLANDINGHAM; COI TAYLOR LITTLEJOHN and COI SHAN CHAFFIN, Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Dwane L. Tinsley, 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 Defendant Vallandingham’s Motion to Dismiss (ECF No. 63) and leave this mater referred to the Magistrate Judge for additional proceedings. No objections to the Magistrate Judge’s findings and recommendation have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and, consistent with the findings and recommendation, DENIES Defendant Vallandingham’s Motion to Dismiss (ECF No. 63) and leaves this mater referred to the Magistrate Judge for additional proceedings. Dockets.Justia.com 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 1, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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