Huff v. Southwest Virginia Regional Jail Authority et al

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS granting 5 Motion to Dismiss, filed by Steve Dye, R. David Bradley, John R Strutner, Bobby Hammons, Jack R McCrady, Jr, Fred P Newman, Ernie Ward, W J Caudill, D J Barker, H Lee Noble, Michael D Robert s, Dane Poe, Joe W Herron, Mark K Reeter, Robert R Adkins, Kavah Ofagh, H. S. Caudill, Jerry P. Broadwater, Ronnie Oakes, Jim Spencer, Glen Skinner, Gary Parsons, Scott Stanley, William T Harris, Robert Raines, Keith L Viers, D Carter McGlothlin, Ray Foster, Carlos Noaks, Ralph Maples, E B Whitmore, Matt Pilkenton, Southwest Virginia Regional Jail Authority. Defendants R. David Bradley; Jerry P. Broadwater; H. S. Caudill; W J Caudill; Steve Dye; Ray Foster; Bobby Hammons; 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; Kavah Ofagh; Gary Parsons; Matt Pilkenton; Dane Poe; Robert Raines; Mark K Reeter; Michael D Roberts; Glen Skinner; Jim Spencer; 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 PATTY SUE HUFF, Plaintiff, v. SOUTHWEST VIRGINIA REGIONAL JAIL AUTHORITY, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 1:08cv00041 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. 20), ("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