Marcum v. Rubenstein et al

Filing 12

MEMORANDUM OPINION AND ORDER adopting the 11 Proposed Findings and Recommendations by Magistrate Judge; directing that plaintiff's 1 Complaint is dismissed under 28 U.S.C. § 1915A; denying plaintiff's 2 Application to Proceed without Prepayment of Fees or Costs. Signed by Judge John T. Copenhaver, Jr. on 6/15/2016. (cc: plaintiff; counsel of record; the magistrate judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

JUSTIN MARCUM,
Plaintiff,
v.

Civil Action No. 2:13-22424

JIM RUBENSTEIN, Commissioner, West
Virginia Division of Corrections,
DAVID BALLARD, Warden, Mount Olive
Correctional Complex, PAUL PARRY,
Associate Warden of Security,
CHRISTOPHER BLAKE, Principal of
Education, RON SMITH, ABE Teacher,
and CAPT. WILLIAMS,
Defendants.

MEMORANDUM OPINION AND ORDER

The court having received the proposed findings and
recommendation of the United States Magistrate Judge filed on
December 29, 2015, pursuant to the provisions of 28 U.S.C. §
636(b)(1)(B); and having reviewed the record in this proceeding;
and there being no objections filed by any party to the proposed
findings and recommendation; and it appearing proper so to do,
it is ORDERED that the findings and conclusions made in the
proposed findings and recommendation of the magistrate judge be,
and they hereby are, adopted by the court.

an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
Defendants.
The court, accordingly, finds (1) that the plaintiff’s
ORDER AND conduct
complaint does not allege specific NOTICE by defendants that
would risePursuantlevel of deliberate indifference or cruel and
to the to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
certain events must occur:
unusual punishment under the Eighth Amendment, (2) that the
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
plaintiff’s complaint fails to state a facially plausible due
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
process claim unsupported by memorandaand (3) that thewithout
against the defendants, will be denied
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
plaintiff’s requests for declaratory and injunctive relief made
02/08/2016
Last day for Rule 26(f) meeting.
in the complaint must be denied as moot. It is, therefore,
02/15/2016
Last day to file Report of Parties= Planning
Meeting. See complaint be, and
ORDERED that the plaintiff’sL.R. Civ. P. 16.1. it hereby is,
02/22/2016 under 28 U.S.C.conference at 4:30 p.m. at the Robert C.
Scheduling § 1915A. It is further ORDERED that
dismissed
Byrd United States Courthouse in Charleston, before
the undersigned, Proceed Without
Lead counsel
the plaintiff’s Application to unless canceled.Prepayment of
directed to appear.
Fees and Costs be, and it hereby is, denied.
02/29/2016
Entry of scheduling order.
03/08/2016

Last day to serve F.R. Civ. P 26(a)(1) disclosures.
The Clerk is directed to forward copies of this order

The Clerk is requested to transmit this Order and
to the plaintiff, all counsel of record, and the magistrate
Notice to all counsel of record and to any unrepresented
judge.
parties.
DATED:
DATED:

January15, 2016
June 5, 2016

John T. Copenhaver, Jr.
United States District Judge