Mayes v. Kenova Police Department et al, No. 3:2021cv00499 - Document 7 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 6 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that the 2 Complaint be DISMISSED without prejudice; the 1 Application to Proceed Without Prepayment of Fees and Costs be DENIED as moot; and that this action be REMOVED from the docket of the Court. Signed by Judge Robert C. Chambers on 2/14/2022. (cc: counsel of record; any unrepresented parties) (jsa)
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Mayes v. Kenova Police Department et al Doc. 7 Case 3:21-cv-00499 Document 7 Filed 02/14/22 Page 1 of 2 PageID #: 36 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION RODNEY DALE MAYES, Plaintiff, v. CIVIL ACTION NO. 3:21-0499 KENOVA POLICE DEPARTMENT and WAYNE COUNTY CIRCUIT COURT, 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 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 complaint be dismissed, without prejudice; the Application to Proceed Without Prepayment of Fees and Costs be denied, as moot; and that this action be removed from the docket of the Court. 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 ORDERS that the complaint be DISMISSED without prejudice; the Application to Proceed Without Prepayment of Fees and Costs be DENIED as moot; and that this action be REMOVED from the docket of the Court, consistent with the findings and recommendation. Dockets.Justia.com Case 3:21-cv-00499 Document 7 Filed 02/14/22 Page 2 of 2 PageID #: 37 The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: February 14, 2022 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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