Kuhn v. Casto, No. 3:2022cv00486 - Document 76 (S.D.W. Va. 2023)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 73 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that the 56 , 58 , and 64 Motions to Dismiss filed by Defendants Barker and Allen, Bailey and Henderson, and Erwin be GRANTED; the complaint, amended complaint, and second amended complaint be DISMISSED against the foregoing defendants; and they be REMOVED as parties from this civil action. Signed by Judge Robert C. Chambers on 11/30/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Kuhn v. Casto Doc. 76 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JOSHUA KUHN, Plaintiff, v. CIVIL ACTION NO. 3:22-0486 JASON CASTO; JAMES BARKER; JENNIFER HENDERSON; VALERIE BAILEY; STEVE ALLEN; and LLOYD ERWIN, 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 Motions to Dismiss filed by Defendants Barker and Allen (ECF No. 56), Defendants Bailey and Henderson (ECF No. 58), and Defendant Erwin (ECF No. 64), be granted; the complaint, amended complaint, and second amended complaint be dismissed against the foregoing defendants; and they be removed as parties in this civil action. No objections to the Magistrate Judge’s findings and recommendations have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and, consistent with the findings and recommendations ORDERS that the Motions to Dismiss filed by Defendants Barker and Allen (ECF No. 56), Defendants Bailey and Dockets.Justia.com Henderson (ECF No. 58), and Defendant Erwin (ECF No. 64), be GRANTED; the complaint, amended complaint, and second amended complaint be DISMISSED against the foregoing defendants; and they be REMOVED as parties from this civil action. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: November 30, 2023 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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