Edmonds v. Wallace et al, No. 3:2020cv00683 - Document 49 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 42 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting Defendant Rob's 19 Motion to Dismiss Complaint and Alternative Motion for Summary Judgment; grant ing Defendant Diamond's 27 Motion for Summary Judgment; This matter will remain referred to Magistrate Judge Aboulhosn for further proceedings concerning Defendant Wallace and Willey. Signed by Judge Robert C. Chambers on 8/5/2021. (cc: counsel of record; any unrepresented parties) (hkl)

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Edmonds v. Wallace et al Doc. 49 Case 3:20-cv-00683 Document 49 Filed 08/05/21 Page 1 of 2 PageID #: 202 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TRAVIS MARK EDMONDS, Plaintiff, v. CIVIL ACTION NO. 3:20-0683 ROB LKU, the Nurse, CO DIAMOND, CO WALLACE CO WILLEY, Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Omar J. Aboulhosn, 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 Defendant Rob’s “Motion to Dismiss Complaint and Alternative Motion for Summary Judgment” (ECF No. 19), grant Defendant Diamond’s Motion for Summary Judgment (ECF No. 27), and refer the matter back to the matter back to Magistrate Judge Aboulhosn for further proceedings concerning Defendant Wallace and Willey. 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 Court GRANTS Defendant Rob’s “Motion to Dismiss Complaint and Alternative Motion for Summary Judgment” (ECF No. 19), GRANTS Defendant Diamond’s Motion for Summary Judgment (ECF No. 27), consistent with the findings and recommendation. Dockets.Justia.com Case 3:20-cv-00683 Document 49 Filed 08/05/21 Page 2 of 2 PageID #: 203 This matter will remain referred to Magistrate Judge Aboulhosn for further proceedings concerning Defendant Wallace and Willey. 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 5, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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