Lynch v. Ballard et al
Filing
32
MEMORANDUM OPINION AND ORDER adopting 24 & 28 Proposed Findings and Recommendations; denying Plaintiff's 17 MOTION for Default Judgment Pursuant to Rule 55(b)(2), FRCivP; granting Defendant's 25 MOTION to Dismiss for Mootness; Pla intiff not be required to pay any further filing fees and be refunded the filing fees already paid for this action; directing that this action is dismissed and stricken from the docket. Signed by Judge John T. Copenhaver, Jr. on 9/18/2015. (cc: attys; any unrepresented party, Magistrate Judge) (tmr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JESSE A. LYNCH,
Plaintiff,
v.
Civil Action No. 2:13-30987
DAVID BALLARD, Warden,
And JIM RUBENSTEIN, Commissioner,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending are the Motion by plaintiff Jesse A. Lynch for
Default Judgment, filed December 1, 2014, and the Motion by
defendants David Ballard and Jim Rubenstein to Dismiss on
Grounds of Mootness, filed March 20, 2015.
This action was previously referred to Dwane L.
Tinsley, United States Magistrate Judge, who has submitted his
Proposed Findings and Recommendations pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(B).
The court has reviewed the two separate Proposed
Findings and Recommendations entered by the magistrate judge on
March 19, 2015 and April 16, 2015.
The magistrate judge
recommends that plaintiff’s motion be denied and that
defendants’ motion be granted, and that plaintiff not be
required to pay any further filing fees.
The magistrate judge
further recommends that plaintiff be refunded the filing fees
already paid.
The plaintiff has not objected to either Proposed
Findings and Recommendation.
The court concludes the
recommended disposition is correct.
Accordingly, based upon the foregoing, it is ORDERED
as follows:
1.
That the Proposed Findings and Recommendations
be, and hereby are, adopted by the court;
2.
That plaintiff’s Motion for Default Judgment be,
and hereby is, denied;
3.
That defendants’ Motion to Dismiss for Mootness
be, and hereby is, granted;
4.
That plaintiff not be required to pay any further
filing fees and be refunded the filing fees already
paid for this action; and
5.
That this action be, and hereby is, dismissed and
stricken from the docket.
2
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.
DATED:
September 17, 2015
John T. Copenhaver, Jr.
United States District Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?