Baisden v. The West Virginia State Police et al

Filing 46

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 43 PROPOSED FINDINGS AND RECOMMENDATION by the United States Magistrate Judge; GRANTS defendants' 40 Motion to Dismiss for failure to prosecute and this action is DISMISSED without prejudice. Signed by Judge John T. Copenhaver, Jr. on 10/16/2012. (cc: pro se plaintiff and counsel of record) (mjp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
ANTHONY BAISDEN,
Plaintiff,
v.

CIVIL ACTION NO. 2:11-00830

SERGEANT R. D.
an employee of
Virginia State
SERGEANT J. L.
an employee of
Virginia State

ARTHUR,
the West
Police and
PHILLIPS,
the West
Police,

Defendants.
MEMORANDUM OPINION AND ORDER
The court, having received the Proposed Findings and
Recommendation (“PF&R”) of the United States Magistrate Judge
filed on August 21, 2012, pursuant to the provisions of 28
U.S.C. § 636(b)(1)(B); and having reviewed the record in this
proceeding; and there being no objections filed by either party;
and it appearing proper to do so, it is ORDERED that the
findings and conclusions made in the PF&R be, and they hereby
are, adopted by the court.

It is accordingly ORDERED that the defendants’ motion
to dismiss for failure to prosecute be granted and that this
civil action be dismissed without prejudice.
The Clerk is directed to forward copies of this
written opinion and order to the pro se plaintiff and all
counsel of record.
DATED: October 16, 2012
John T. Copenhaver, Jr.
United States District Judge