Campbell v. Kincaid et al

Filing 32

ORDER adopting 28 PROPOSED FINDINGS AND RECOMMENDATION; granting defendants' 14 MOTION to Dismiss 2 Complaint; granting defendant's 16 MOTION to Dismiss 2 Complaint; dismissing Plaintiff's 2 Complaint for failure to state a claim; denying as moot plaintiff's 19 MOTION for Injunctive Relief, 20 MOTION for Injunctive Relief, and 25 MOTION for prison release. Signed by Judge Joseph R. Goodwin on 3/26/2014. (cc: attys; any unrepresented party) (tmh)

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

ROBBIE E. CAMPBELL,
Plaintiff,
v.

CIVIL ACTION NO. 2:12-cv-02811

WILLIAM KINCAID, et al.,
Defendants.

ORDER

This action was referred to the Honorable Dwane L. Tinsley, 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 submitted findings of fact
and recommended [Docket 28] that I grant the motions to dismiss filed by defendants Ballard and
Rubenstein [Docket 14] and defendant Kincaid [Docket 16], dismiss the plaintiff’s Complaint
[Docket 2] for failure to state a claim upon which relief can be granted, and deny as moot the
plaintiff’s motions for injunctive relief [Dockets 19, 20, and 25]. Thereafter, only the plaintiff filed
objections [Docket 30].
I have reviewed de novo those portions of the Proposed Findings and Recommendation to
which the plaintiff has filed specific objections, and I FIND that the plaintiff’s objections are
ultimately without merit. Therefore, I ADOPT the Magistrate Judge’s Recommendation [Docket
28], GRANT the motions to dismiss filed by defendants Ballard and Rubenstein [Docket 14] and
defendant Kincaid [Docket 16], DISMISS the plaintiff’s Complaint [Docket 2] for failure to state

a claim upon which relief can be granted, and DENY as moot the plaintiff’s motions for injunctive
relief [Dockets 19, 20, and 25].
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

March 26, 2014