Wilson v. Lesher et al

Filing 56

MEMORANDUM OPINION AND ORDER adopting and incorporating the 40 Proposed Findings and Recommendation by Magistrate Judge, granting 24 Motion by Charles Legg to set aside entry of default; denying without prejudice the plaintiff's 37 request for award of damages. Signed by Judge John T. Copenhaver, Jr. on 1/10/2018. (cc: plaintiff; counsel of record; United States Magistrate Judge) (taq)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON STEPHEN WILSON, Plaintiff, v. Civil Action No. 2:14-cv-23764 LYLE LESHER, Correctional Officer II, CORPORAL CHRISTOPHER HESS, SERGEANT CHARLES LEGG Defendants. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on December 18, 2017; and the magistrate judge having recommended that the court grant defendant Charles Legg’s motion to set aside entry of default; and deny without prejudice the plaintiff’s request for award of damages against defendant; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that: 1. The findings made in the Proposed Findings and Recommendation of the magistrate judge be, and they hereby are, adopted by the court and incorporated herein; 2. Defendant Charles Legg’s motion to set aside entry of default, be, and it hereby is, granted; and 02/15/2016 Last day to file Report of Parties= Planning Meeting. See L.R. Civ. P. 16.1. 02/22/2016 Scheduling conference at 4:30 p.m. at the Robert C. Byrd United States Courthouse in Charleston, before 3. Plaintiff’s request for award of damages be, and it the undersigned, unless canceled. Lead counsel directed to appear. hereby is, denied without prejudice. 02/29/2016 Entry of scheduling order. 03/08/2016 Last day to serve F.R. forward copies disclosures. The Clerk is directed to Civ. P 26(a)(1) of this written opinion The Clerk is requested to of record this the United States and order to all counsel transmit and Order and Notice to all Judge. Magistrate counsel of record and to any unrepresented parties. DATED: January 5, 2016 DATED: January 10, 2018 John T. Copenhaver, Jr. United States District Judge 2

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