Lively v. Ballard et al

Filing 76

MEMORANDUM OPINION AND ORDER adopting the 75 Proposed Findings and Recommendation of the Magistrate Judge; granting the defendants' 23 Motion to dismiss Counts XII, XIII, and XIX of plaintiff's amended complaint; and that the residue of this action remain on referral with the magistrate judge pursuant to the 2 standing order entered 11/13/2013. Signed by Judge John T. Copenhaver, Jr. on 8/31/2015. (cc: plaintiff, pro se; counsel of record; magistrate judge) (taq)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON CHARLES LIVELY, Plaintiff, v. Civil Action No. 2:13-28759 DAVID BALLARD, Warden of Mount Olive Correctional Complex, and JAMES RUBENSTEIN, Commissioner of West Virginia Division of Corrections, and JAMES MCCLOUD, Captain Mount Olive Correctional Complex, and RICHARD COLEMAN, Corporal at Mount Olive Correctional Complex, and RUSSELL MATHENEY, Captain at Mount Olive Correctional Complex, and JARROD DAWSON, Corporal at Mount Olive Correctional Complex, and CHAD RICHMOND, Correctional Officer II at Mount Olive Correctional Complex, and PHLIP LEASURE, Correctional Officer II at Mount Olive Correctional Complex, and JUSTIN COTTRELL, Correctional Officer II at Mount Olive Correctional Complex, Defendants. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation (“PF&R”) of the United States Magistrate Judge filed on August 4, 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 either the plaintiff or the defendants to the PF&R; 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 that defendants’ motion to dismiss Counts XII, XIII, and XIX of plaintiff’s amended complaint be, and hereby is, granted. It is further ORDERED that the residue of this action remain on referral with the magistrate judge pursuant to the standing order entered November 13, 2013. The Clerk is directed to forward copies of this written opinion and order to the plaintiff, all counsel of record, and the magistrate judge. DATED: August 31, 2015 John T. Copenhaver, Jr. United States District Judge

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