Huffman v. Wilson et al

Filing 23

MEMORANDUM OPINION AND ORDER granting the 21 MOTION by John Doe to Dismiss Complaint Attached to 1 Notice of Removal; directing that the John Doe defendant(s) is dismissed from this action. Signed by Judge John T. Copenhaver, Jr. on 12/4/2013. (cc: attys; any unrepresented parties) (tmh)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON SAMANTHA HUFFMAN, Plaintiff, v. Civil Action No. 2:13-cv-14394 C.O. WILLIAM WILSON, individually and in his official capacity as a correctional officer of The West Virginia Regional Jail and Correctional Facility Authority, and CHIEF CORRECTIONAL OFFICER LT. LARRY BUNTING, individually and in his official capacity, and THE WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY an agency of the State of West Virginia, and JOHN DOE, unknown person or persons, Defendants., MEMORANDUM OPINION AND ORDER Pending is defendant John Doe’s motion to dismiss, filed November 8, 2013. 1 Discovery has been underway in this action since August 2013. 1 The deadline to amend pleadings expired on While the John Doe defendant(s) have not appeared, counsel M. Andrew Brison has moved on their behalf for dismissal. In the interests of expedience, and lacking any objection from plaintiff’s counsel, Mr. Brison is deemed authorized to appear specially in order to seek dismissal of the John Doe defendants. September 20, 2013. The John Doe defendant(s) have neither been identified nor served with a summons. Based upon these considerations, and that the plaintiff has not opposed the relief requested, it is ORDERED that the motion to dismiss be, and hereby is, granted. It is further ORDERED that the John Doe defendant(s) be, and hereby are, dismissed from this action. The Clerk is directed to forward copies of this order to all counsel of record and any unrepresented parties. DATED: December 4, 2013 John T. Copenhaver, Jr. United States District Judge 2

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