Hall v. Crook et al

Filing 11

MEMORANDUM OPINION AND ORDER directing that the 10 Proposed Findings and Recommendation by Magistrate Judge are adopted and incorporated in full; the complaint be dismissed for the stated reasons herein; and this action be dismissed and removed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 8/2/2018. (cc: parties; United States Magistrate Judge Dwane L. Tinsley) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

DANIEL L. HALL, SR.,
Plaintiff,

v.

Civil Action No. 2:14-cv-11644

C.O. JUSTIN CROOK and
WARDEN DAVID BALLARD,
Mount Olive Correctional Complex,
Defendants.

MEMORANDUM OPINION AND ORDER

This action was previously referred to the Honorable
Dwane L. Tinsley, United States Magistrate Judge, for submission
to the court of his Proposed Findings and Recommendation
(“PF&R”) for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).

On July 12, 2018, Magistrate Judge Tinsley entered his
PF&R recommending that the complaint be dismissed under 42
U.S.C. § 1997e(a) and W. Va. Code § 25-1A-2(c) for failure to
properly exhaust the available administrative remedies, that the
court find that the complaint fails to state a plausible claim
for relief against the defendants, and that the court also find

AT CHARLESTON
THOMAS PARKER,
Plaintiff,
that any claims for declaratory and injunctive relief made in
v.
Civil Action No. 15-14025
the complaint be denied and dismissed as moot.
THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
Because neither party has filed objections, de novo
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
review of the matter by this court has been waived.
Defendants.
ORDER AND NOTICE
It is, accordingly, ORDERED as follows:
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
1. That the findings in Magistrate Judge Tinsley’s
certain events must occur:
01/28/2016

2.
02/08/2016

Motions Findings and Recommendation be, and they
Proposed under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such matter in support incorporated motions
hereby are, adopted and thereof. (All in full.
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
That the complaint be dismissed for above stated
Last day for Rule 26(f) meeting.

02/15/2016

reasons. to file Report of Parties= Planning
Last day
Meeting. See L.R. Civ. P. 16.1.

3.
02/22/2016

That this action be dismissed and removed from the
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in Charleston, before
docket of the court.
the undersigned, unless canceled. Lead counsel
directed to appear.

The Clerk is directed to order. copies of this
02/29/2016
Entry of scheduling forward
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
memorandum opinion and order to the parties and United States
Magistrate The Clerk is L. Tinsley.
Judge Dwane requested to transmit this Order and
Notice to all counsel of record and to any unrepresented
parties.
DATED: January 2018
DATED: August 2, 5, 2016
John T. Copenhaver, Jr.
United States District Judge
2