Cockerham v. Mount Olive Correctional Complex

Filing 24

MEMORANDUM OPINION AND ORDER adopting the 23 PROPOSED FINDINGS AND RECOMMENDATION; denying as futile plaintiff's 15 MOTION to Amend 1 Complaint; directing that this action is dismissed. Signed by Judge John T. Copenhaver, Jr. on 3/21/2014. (cc: attys; pro se plaintiff; United States Magistrate Judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
MARCUS LEE COCKERHAM,
Plaintiff,
v.

Civil Action No. 2:13-09589

YUMI ALLEN, ARAMARK Corporation
Food Service Director, GLENN MCGARRY,
ARAMARK Corporation District Manager, and
TIM CAMPBELL, ARAMARK Corporation President/CEO,
Defendants.
MEMORANDUM OPINION AND ORDER
This action was previously referred to Dwane L.
Tinsley, United States Magistrate Judge, who has submitted his
Proposed Findings and Recommendation pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(B).
The court has reviewed the Proposed Findings and
Recommendation entered by the magistrate judge on February 26,
2014.

The magistrate judge recommends dismissal of plaintiff’s

complaint for lack of subject matter jurisdiction.

The

magistrate judge further recommends that plaintiff’s motion to
amend the complaint be denied.

The plaintiff has not objected

to the Proposed Findings and Recommendation.

The court

concludes the recommended disposition is correct.

Accordingly, it is ORDERED that:
1.

The Proposed Findings and Recommendation be, and

it hereby is, adopted by the court;
2.

The plaintiff’s motion to amend be, and hereby

is, denied as futile; and
3.

This action be, and it hereby is, dismissed.

The Clerk is directed to forward copies of this
written opinion and order to the pro se plaintiff, all counsel
of record, and the United States Magistrate Judge.
DATED: March 21, 2014

John T. Copenhaver, Jr.
United States District Judge

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