Blake v. Ballard et al

Filing 4

MEMORANDUM OPINION AND ORDER accepting and incorporating the 3 Proposed Findings and Recommendation by Magistrate Judge; DISMISSING the plaintiff's Complaint with prejudice. Signed by Judge Joseph R. Goodwin on 10/28/2010. (cc: Magistrate Judge Stanley, attys, and any unrepresented party) (mkw)

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Blake v. Ballard et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ROBERT BLAKE, Plaintiff, v. DAVID BALLARD, et al., Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, 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 court dismiss the plaintiff's complaint with prejudice under 28 U.S.C. 1915A. Neither party has filed objections to the Magistrate Judge's findings and recommendation. Accordingly, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge. The court DISMISSES the plaintiff's Complaint with prejudice. The court DIRECTS the Clerk to send a certified copy of this Memorandum Opinion and Order to Magistrate Judge Stanley, counsel of record, and any unrepresented party. ENTER: October 28, 2010 CIVIL ACTION NO. 2:10-cv-01152

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