Harris v. Ballard et al

Filing 63

MEMORANDUM OPINION AND ORDER adopting the 61 Proposed Findings and Recommendation; granting the defendants' 55 Motion for summary judgment and 53 Motion to dismiss for plaintiff's failure to participate in discovery; and that this action is dismissed and stricken from the docket. Signed by Judge John T. Copenhaver, Jr. on 2/12/2015. (cc: plaintiff, pro se; counsel of record; United States Magistrate Judge) (taq)

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

Civil Action No. 2:13-10803

TERRY KINDER and
TIMOTHY PERKINS,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending are the motions by defendants Terry Kinder and
Timothy Perkins to dismiss for plaintiff's failure to
participate in discovery, filed August 14, 2014, and for summary
judgment filed September 15, 2014.
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 December 16, 2014.

The magistrate judge recommends

that the defendants’ motions be granted.
The plaintiff has not objected to the Proposed
Findings and Recommendation.

The court has undertaken

substantial measures to provide notice to Mr. Harris.

The court

transmitted two certified mailings to him respectively on
October 20, 2014, and December 16, 2014, the latter of which was
the Proposed Findings and Recommendation in this action.

These

two mailings were returned unclaimed respectively on November
14, 2014, and January 14, 2015.

The mailings were addressed to

Mr. Harris in Beckley at P.O. Box 5374, which he provided to the
court as his proper mailing address as of January 29, 2014.

It

is plaintiff’s obligation to provide accurate contact
information and to retrieve mail sent to him .
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 motions for summary judgment and to dismiss
for plaintiff’s failure to participate in discovery
be, and hereby are, granted;

3.

That this action be, and hereby is, dismissed and
stricken from the docket.

2

The Clerk is directed to forward copies of this
written opinion and order to the pro se plaintiff at his last
known mailing address, all counsel of record, and the United
States Magistrate Judge.
DATED:

February 12, 2015

John T. Copenhaver, Jr.
United States District Judge

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