Jackson v. Elswick et al, No. 3:2020cv00864 - Document 70 (S.D.W. Va. 2021)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 68 Proposed Findings and Recommendations by Magistrate Judge Cheryl A. Eifert; granting Defendant Charleston Correctional Center and Jail's 21 Motion to Dismiss; denying in part and granting in part Defendants' 30 Motion to Dismiss with Defendant Eplin being dismissed, but not Defendant Elswick; denying Defendants' 32 Motion for Summary Judgment; granting Defendant Scott Eplin's 63 MOTION to Dismis s; granting Defendants Stinnett and Clark's 66 Motion to Dismiss; dismissing the 2 Complaint and 54 Amended Complaint with prejudice, against the following Defendants: the Charleston Correctional Center and Jail, Scott Eplin, Jeff A. Stin nett, and Dante Clark, and that they be REMOVED from the style of the case; directing that Discovery will proceed as to Defendants Mark Elswick, Kathy Smith, Brian Greenwood, and Jennifer Henderson. Signed by Judge Robert C. Chambers on 5/28/2021. (cc: counsel of record; any unrepresented parties) (hkl)
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Jackson v. Elswick et al Doc. 70 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TIMOTHY S. JACKSON, Plaintiff, v. CIVIL ACTION NO. 3:20-0864 SCOTT EPLIN (District Manager); MARK ELSWICK (Supervisor); JEFF A. STINNETT, Superintendent; KATHY SMITH, Job Coordinator; BRIAN GREENWOOD; DANTE CLARK; JENNIFER HENDERSON, DOC; AND CHARLESTON CORRECTIONAL CENTER AND JAIL, 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 the Motion to Dismiss filed by the Defendant Charleston Correctional Center and Jail, (ECF No. 21), be granted; the Motion to Dismiss of the DOH Defendants, (ECF No. 30), be denied in part, and granted, in part, with Defendant Eplin being dismissed, but not Defendant Elswick; the Motion for Summary Judgment by the DCR Defendants, (ECF No. 32), be denied; the second Motion to Dismiss of Scott Eplin, (ECF No. 63), be granted; the Motion to Dismiss of Defendants Stinnett and Clark, (ECF No. 66), be granted; the complaint and amended complaint, (ECF Nos. 2, 54), be dismissed, with prejudice, against the following Defendants: the Charleston Dockets.Justia.com Correctional Center and Jail, Scott Eplin, Jeff A. Stinnett, and Dante Clark, and that they be removed from the style of the case; and discovery proceed as to Defendants Mark Elswick, Kathy Smith, Brian Greenwood, and Jennifer Henderson. No 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, consistent with the findings and recommendations, ORDERS that: 1. The Motion to Dismiss filed by the Defendant Charleston Correctional Center and Jail, (ECF No. 21), be GRANTED; 2. The Motion to Dismiss of the DOH Defendants, (ECF No. 30), be DENIED, in part, and GRANTED, in part, with Defendant Eplin being dismissed, but not Defendant Elswick; 3. The Motion for Summary Judgment by the DCR Defendants, (ECF No. 32), be DENIED; 4. The second Motion to Dismiss of Scott Eplin, (ECF No. 63), be GRANTED; 5. The Motion to Dismiss of Defendants Stinnett and Clark, (ECF No. 66), be GRANTED; 6. The complaint and amended complaint, (ECF Nos. 2, 54), be DISMISSED, with prejudice, against the following Defendants: the Charleston Correctional Center and Jail, Scott Eplin, Jeff A. Stinnett, and Dante Clark, and that they be REMOVED from the style of the case; and 7. Discovery proceed as to Defendants Mark Elswick, Kathy Smith, Brian Greenwood, and Jennifer Henderson. -2- The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: May 28, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -3-
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