Menei v. Rubenstein et al

Filing 66

ORDER adopting and incorporating the 55 PROPOSED FINDINGS AND RECOMMENDATION; dismissing as moot, all of the plaintiff's claims for declaratory and injunctive relief, in light of the plaintiff's transfer to another correctional facility; this matter shall remain referred to the Magistrate Judge for additional proceedings concerning plaintiff's claim for monetary damages against the defendants in their individual capacities. Signed by Judge Joseph R. Goodwin on 6/6/2013. (cc: attys; any unrepresented party) (tmh)

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

THOMAS RAYMOND MENEI,
Plaintiff,
v.

CIVIL ACTION NO. 2:11-cv-00967

JIM RUBENSTEIN, et al.,
Defendants.

ORDER
This case was referred to the Honorable Mary E. Stanley, United States Magistrate Judge,
for submission to this court of proposed findings of fat 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 plaintiff’s claims for declaratory or injunctive relief be dismissed because
they “are now moot, due to the plaintiff’s transfer to the [Northern Regional Jail and Correctional
Facility], which is located within the Northern District of West Virginia.” (Proposed Findings and
Recommendation [Docket 55], at 2) (emphasis added). No objections have been filed.
Accordingly, I ADOPT and incorporate herein the findings and recommendation of the
Magistrate Judge. I DISMISS as moot all of the plaintiff’s claims for declaratory and injunctive
relief, in light of the plaintiff’s transfer to another correctional facility.
This matter shall remain referred to the Magistrate Judge for additional proceedings
concerning the plaintiff’s claims for monetary damages against the defendants in their individual
capacities.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

June 6, 2013