Braxton v. Smith

Filing 12

ORDER directing that the United States of America be substituted as the defendant in this case, and that this action is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 5/16/2014. (cc: attys; plaintiff; magistrate judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

EMILY K. BRAXTON,
Plaintiff,
v.

Civil Action No. 2:13-26056

CHANDRA SMITH,
Defendant.

ORDER

The court having received the Proposed Findings and
Recommendation (“PF&R”) of United States Magistrate Judge Dwane L.
Tinsley filed on April 10, 2014; and having reviewed the record in
this proceeding; and there being no objections to the PF&R filed by
either the defendant or the plaintiff; and it appearing proper so
to do, it is ORDERED that the findings and conclusions made in the
PF&R be, and they hereby are, adopted by the court.
It is, accordingly, ORDERED (1) that the United States of
America be, and hereby is, substituted as the defendant in this case;
and (2) that this action be, and hereby is, dismissed without
prejudice.
The Clerk is directed to forward copies of this written

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opinion and order to the plaintiff, all counsel of record, and the
magistrate judge.
DATED: May 16, 2014
John T. Copenhaver, Jr.
United States District Judge

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