Wilson v. Lesher et al
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Civil Action No. 2:14-cv-23764
Correctional Officer II,
CORPORAL CHRISTOPHER HESS,
SERGEANT CHARLES LEGG
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:
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;
Defendant Charles Legg’s motion to set aside entry of
default, be, and it hereby is, granted; and
Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in Charleston, before
Plaintiff’s request for award of damages be, and it
the undersigned, unless canceled. Lead counsel
directed to appear.
hereby is, denied without prejudice.
Entry of scheduling order.
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
DATED: January 5, 2016
DATED: January 10, 2018
John T. Copenhaver, Jr.
United States District Judge
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?