Sizemore v. Southwest Virginia Regional Jail Authority et al

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS granting 5 Motion to Dismiss, filed by H Lee Noble, Michael D Roberts, Steve Dye, Robert R Adkins, Mark K Reeter, Joe W Herron, Dane Poe, R. David Bradley, John R Strutner, Bobby Hammons, Arnie Reynold s, Jerry P. Broadwater, H. S. Caudill, Ronnie Oakes, Glen Skinner, Jack R McCrady, Jr, Fred P Newman, Scott Stanley, Gary Parsons, William T Harris, Terry Powers, Ernie Ward, Robert Raines, Keith L Viers, Carlos Noaks, Tim Evans, Ray Foster, D Carter McGlothlin, E B Whitmore, Ralph Maples, W J Caudill, Matt Pilkenton, Southwest Virginia Regional Jail Authority, D J Barker. Defendants R. David Bradley; Jerry P. Broadwater; H. S. Caudill; W J Caudill; Steve Dye; Tim Evans; Ray Foster; Bobby Hammo ns; William T Harris; Joe W Herron; Ralph Maples; Jack R McCrady, Jr; D Carter McGlothlin; Fred P Newman; Carlos Noaks; H Lee Noble; Ronnie Oakes; Gary Parsons; Matt Pilkenton; Dane Poe; Terry Powers; Robert Raines; Mark K Reeter; Arnie Reynolds; Michael D Roberts; Glen Skinner; Scott Stanley; John R Strutner; Keith L Viers; Ernie Ward; E B Whitmore; Robert R Adkins and D J Barker terminated.. Signed by Judge Glen M. Williams on 3/11/09. (eps)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ABINGDON DIVISION PAMELA O. SIZEMORE, Plaintiff, v. SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 1:08cv00035 ORDER

By: GLEN M. WILLIAMS SENIOR UNITED STATES DISTRICT JUDGE

This case is currently before the court on the defendants' Motion To Dismiss, (Docket Item No. 5). The case was referred, pursuant to 28 U.S.C. § 636(b)(1)(B), to the Honorable Pamela Meade Sargent, United States Magistrate Judge. On February 17, 2009, the Magistrate Judge entered a report and recommendation, (Docket Item No. 19), ("the Report"), recommending that the Motion To Dismiss be granted and recommending that summary judgment be awarded on one count of the plaintiff's Complaint. Objections to the Report were due by March 6, 2009; however, no objections were filed. ACCEPTED. In particular, the defendants' Motion To Dismiss is hereby GRANTED as to Counts I and II of the plaintiff's Complaint against the individual defendants pursuant to Rule 12(b)(6). Additionally, summary judgment is hereby GRANTED in favor of all defendants on Count III. Lastly, the defendants' Motion To Dismiss Count IV is hereby GRANTED as to all of the defendants pursuant to Rule 12(b)(6). The Clerk Accordingly, the Magistrate Judge's Report shall be

is directed to enter this Order and send certified copies to all counsel of record. ENTER: This 11th day of March 2009. /s/ Glen M. Williams SENIOR UNITED STATES DISTRICT JUDGE