Griffin v. Rubenstein et al

Filing 28

MEMORANDUM OPINION AND ORDER ADOPTING 14 the Proposed Findings and Recommendation of Magistrate Judge R. Clarke VanDervort and 1) DISMISSING defendants Bluefield Regional Medical Center, Dr. Steven O'Saile, Joseph Hall, and the Chief Parole Officer of Beckley and Princeton, West Virginia; and 2) REFERRING this matter back to Magistrate Judge VanDervort for further proceedings. Signed by Senior Judge David A. Faber on 6/8/2009. (cc: Plaintiff, Pro Se and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD LOVELL GRIFFIN, Plaintiff, v. JIM RUBENSTEIN, Commissioner, et al., Defendants. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to CIVIL ACTION NO. 1:06-0327

the court his Findings and Recommendation on March 26, 2009, in which he recommended 1) that the district court dismiss plaintiff's complaint as to defendants Bluefield Regional Medical Center, Dr. Steven O'Saile, Joseph Hall, and the Chief Parole Officer of Beckley and Princeton, West Virginia; and 2) refer this matter back to him for further proceedings regarding plaintiff's Eighth Amendment claim against defendants Rubenstein, Hamricks, and Haines. In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted ten days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort's Findings and Recommendation. The failure of any party to file

such objections constitutes a waiver of such party's right to a de novo review by this court. Cir. 1989). time. Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby Snyder v. Ridenour, 889 F.2d 1363 (4th

Neither party filed objections within the requisite

1) DISMISSES defendants Bluefield Regional Medical Center, Dr. Steven O'Saile, Joseph Hall, and the Chief Parole Officer of Beckley and Princeton, West Virginia; and 2) REFERS this matter back to Magistrate Judge VanDervort for further proceedings. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 8th day of June, 2009. ENTER:

David A. Faber Senior United States District Judge

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