Duncan v. Commissioner Jividen et al

Filing 14

MEMORANDUM OPINION AND ORDER accepting and incorporating the 12 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Plaintiff's 9 Motion to Amend the Complaint be granted; the 3 Complaint be dismissed, without prejudice, as it is duplicative of the claims raised in Case No. 3:18-cv-1355; further directing that the Clerk of Court docket the Amended Complaint; the instant civil action be transferred to the United States District Court for the Northern District of West Virginia at Elkins for further proceedings; and this case be removed from the docket of the Court. Signed by Judge Robert C. Chambers on 4/18/2019. (cc: counsel of record; any unrepresented parties) (jsa)[Transferred from West Virginia Southern on 4/18/2019.]

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

HENRY TIMBERLAKE DUNCAN,
Plaintiff,
v.

CIVIL ACTION NO. 3:18-1373

SERGEANT ADKINS, et al.,
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 Motion to Amend the Complaint (ECF No. 9) be granted; the Complaint
(ECF No. 3) be dismissed, without prejudice, as it is duplicative of the claims raised in Case No.
3:18-cv-1355; the Clerk of Court be ordered to docket the Amended Complaint (ECF No. 9-1);
the instant civil action be transferred to the United States District Court for the Northern District
of West Virginia at Elkins pursuant to 27 U.S.C. § 1404(a) for further proceedings; and this case
be removed from the docket of the Court. Neither party has filed objections to the Magistrate
Judge=s findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and ORDERS that the Motion to Amend the Complaint (ECF No. 9) be
GRANTED; the Complaint (ECF No. 3) be DISMISSED, without prejudice, as it is duplicative

of the claims raised in Case No. 3:18-cv-1355; the Clerk of Court docket the Amended Complaint
(ECF No. 9-1); the instant civil action be TRANSFERRED to the United States District Court for
the Northern District of West Virginia at Elkins pursuant to 27 U.S.C. § 1404(a) for further
proceedings; and this case be REMOVED from the docket of the Court, consistent with the
findings and recommendations.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.

ENTER:

April 18, 2019

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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