A.K.T., Juvenile et al v. Clark County DSS et al

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS, dismissing 2 Complaint filed by Kenneth E. Bennett, Joshua David Phillips, A.K.T., Juvenile. Signed by District Judge Michael F. Urbanski on 7/3/12. (kld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION
A.K.T., Juvenile
by Shelly Sue Ott, Mother, et al.,
Plaintiffs,
v.
Clark County DSS, CPS worker
Toby Austin, A. Jones-Director,
E. Shuster-Regional Specialist, et al.,
Defendants.

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Civil Action No. 5:12cv043

By:

Michael F. Urbanski
United States District Judge

ORDER
By Order dated April 25, 2012, this matter was referred to the Honorable B. Waugh
Crigler, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1), for proposed findings
of fact and a recommended disposition. The Magistrate Judge filed a report and
recommendation on May 22, 2012, recommending that plaintiffs’ complaint be DISMISSED
with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B) as being frivolous and for failing to state a
claim upon which relief may be granted. No objections to the report and recommendation have
been filed, and the court is of the opinion that the report and recommendation should be adopted
in its entirety.
It is accordingly ORDERED and ADJUDGED that the plaintiffs’ complaint be
DISMISSED with prejudice and that this action be STRICKEN from the active docket of the
court.
The Clerk is directed to send a certified copy of this Order to plaintiffs and to counsel of
record.
Entered: July 3, 2012

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge