Larry v. South Central Reg. Jail et al

Filing 64

MEMORANDUM OPINION AND ORDER adopting and incorporating the 61 Proposed Findings and Recommendation; granting defendant Roy A. Harvey's 31 MOTION to Dismiss; granting the West Virginia Regional Jail Authority's 53 MOTION for Summary Judgment; granting the 55 MOTION for Summary Judgment by the other South Central Regional Jail defendants; and dismissing the action. Signed by Judge Joseph R. Goodwin on 2/16/2012. (cc: plaintiff; attys; any unrepresented party) (taq)

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

TELLY SYLVESTER LARRY,
Plaintiff,
v.

CIVIL ACTION NO. 2:10-cv-01241

SOUTH CENTRAL REG. JAIL, 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 has recommended that the court GRANT the Motion to Dismiss filed by defendant
Roy A. Harvey [Docket 31], GRANT the Motion for Summary Judgment filed by the West
Virginia Regional Jail Authority [Docket 53], GRANT the Motion for Summary Judgment filed
by the other South Central Regional Jail defendants [Docket 55], and DISMISS the action. The
plaintiff has not filed objections to the Magistrate Judge’s findings and recommendation.
A district court “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.”

28 U.S.C.

§ 636(b)(1)(C). This court is not, however, required to review, under a de novo or any other
standard, the factual or legal conclusions of the magistrate judge as to those portions of the

findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140,
150 (1985).
As the plaintiff has not filed objections in this case, the court adopts and incorporates
herein the findings and recommendation of the Magistrate Judge and orders judgment consistent
therewith. The court GRANTS the Motion to Dismiss filed by defendant Roy A. Harvey,
GRANTS the Motion for Summary Judgment filed by the West Virginia Regional Jail
Authority, GRANTS the Motion for Summary Judgment filed by the other South Central
Regional Jail defendants, and DISMISSES the action.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

February 16, 2012