Harris v. Ballard et al

Filing 38

MEMORANDUM OPINION AND ORDER directing that the 29 Proposed Findings and Recommendation is adopted by the court; the claims for declaratory and injunctive relief are dismissed as moot; this action is referred to the magistrate judge under the terms of the original referral order. Signed by Judge John T. Copenhaver, Jr. on 12/10/2013. (cc: pro se plaintiff; attys; United States Magistrate Judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

WILLIE L. HARRIS,
Plaintiff,
v.

Case No. 2:13-10803

DAVID BALLARD, Warden, and
CHARLES LEGG, Lieutenant, and
TERRY KINDER and TIMOTHY PERKINS,
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 November 5,
2013.

The magistrate judge recommends that the court dismiss

the claims for declaratory and injunctive relief as moot in view
of the plaintiff’s release on parole.

The magistrate judge

additionally recommends that the balance of the action remain on
referral for additional proceedings respecting the claims for
monetary relief.

The plaintiff has not objected to the Proposed
Findings and Recommendation.

The court concludes the

recommended disposition is correct.

It is, accordingly, ORDERED

as follows:
1.

The Proposed Findings and Recommendation be, and
hereby is, adopted by the court;

2.

The claims for declaratory and injunctive relief be,
and hereby are, dismissed as moot; and

3.

This action be, and hereby is, continued on referral
to the magistrate judge under the terms of the
original referral order.
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:

December 10, 2013

John T. Copenhaver, Jr.
United States District Judge