Murray et al v. Smith et al
MEMORANDUM OPINION AND ORDER adopting the 6 Proposed Findings and Recommendation; denying plaintiff's 1 Application to Proceed without Prepayment of Fees and Costs; and dismissing this action. Signed by Judge John T. Copenhaver, Jr. on 11/8/2013. (cc: plaintiff, pro se; attys; United States Magistrate Judge) (taq)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
CELESTE MURRAY, and
Civil Action No. 2:13-17383
CRAIG SMITH and
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 August 2,
The magistrate judge recommends dismissal of plaintiff’s
complaint for lack of subject matter jurisdiction.
magistrate judge further recommends that plaintiff’s Application
to Proceed Without Prepayment of Fees be denied.
has not objected to the Proposed Findings and Recommendation.
The court concludes the recommended disposition is correct.
is, accordingly, ORDERED that:
The Proposed Findings and Recommendation be, and it
hereby is, adopted by the court;
Plaintiff’s Application to Proceed Without Prepayment
of Fees be, and it hereby is, denied; and
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.
November 8, 2013
John T. Copenhaver, Jr.
United States District Judge
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