Harris v. Ballard et al

Filing 49

MEMORANDUM OPINION AND ORDER granting defendants Warden David Ballard and Lieutenant Charles Legg's 35 MOTION to Dismiss amended complaint; denying plaintiff's 39 MOTION to Dismiss the Responses of the defendants David Ballard and Char les Legg; directing that this action be, and hereby is, referred anew to the magistrate judge under the terms set forth in the standing order entered 5/9/2013. Signed by Judge John T. Copenhaver, Jr. on 7/18/2014. (cc: attys; any unrepresented party, Magistrate Judge) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
WILLIE L. HARRIS,
Plaintiff,
v.

Civil Action No. 2:13-10803

DAVID BALLARD, Warden, and
CHARLES LEGG, Lieutenant, and
TERRY KINDER and
TIMOTHY PERKINS,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending are the motions by defendants Warden David
Ballard and Lieutenant Charles Legg to dismiss the amended
complaint, filed November 25, 2013, and by plaintiff Willie L.
Harris “to dismiss the responses of the defendants David Ballard
and Charles Legg’s Response in Opposition to the Plaintiff’s
motion for Preliminary Injunction” (“motion to dismiss”), filed
December 12, 201 3
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 April 7, 2014.

The magistrate judge recommends dismissal of plaintiff’s claims
against defendants Ballard and Legg.

The plaintiff has not

objected to the Proposed Findings and Recommendation.

The court

concludes the recommended disposition is correct.
Accordingly, based upon the foregoing, it is ORDERED
as follows:
1.

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

2.

That the motion to dismiss filed by defendants
Ballard and Legg be, and hereby is, granted;

3.

That the plaintiff’s motion to dismiss be, and
hereby is, denied; and

4.

That this action be, and hereby is, referred anew
to the magistrate judge under the terms set forth in
the standing order entered May 9, 2013.
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:

July 1 , 2014

John T. Copenhaver, Jr.
United States District Judge
2