Lucas v. Western Regional Jail et al, No. 3:2021cv00253 - Document 33 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 31 Proposed Findings and Recommendations by Magistrate Judge Cheryl A. Eifert; directing that Defendants' 18 Motion to Dismiss be granted; that the 2 Complaint against the Wes tern Regional Jail be dismissed, with prejudice; that the 2 Complaint against C. O. Robinson be dismissed, without prejudice; and that this action be removed from the docket of the Court. Signed by Judge Robert C. Chambers on 10/21/2021. (cc: counsel of record; any unrepresented parties) (hkl)

Download PDF
Lucas v. Western Regional Jail et al Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION BILLY JOE LUCAS, Plaintiff, v. CIVIL ACTION NO. 3:21-0253 WESTERN REGIONAL JAIL and C. O. ROBINSON, 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. 18) be granted; that the Complaint (ECF No. 2) against the Western Regional Jail be dismissed, with prejudice; that the Complaint (ECF No. 2) against C. O. Robinson be dismissed, without prejudice; and that this action be removed from the docket of the Court. No objections to the Magistrate Judge’s findings and recommendations have been filed.1 Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and ORDERS that Defendants’ Motion to Dismiss (ECF No. 18) be granted; that the Complaint (ECF No. 2) against the Western Regional Jail be dismissed, with 1 The Proposed Findings and Recommendation was returned marked Return to Sender No Longer at this Facility. The Clerk of Court has no current address for Plaintiff. Dockets.Justia.com prejudice; that the Complaint (ECF No. 2) against C. O. Robinson be dismissed, without prejudice; and that 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: October 21, 2021 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.