Wilson v. Lesher et al

Filing 69

MEMORANDUM OPINION AND ORDER adopting the 67 Proposed Findings and Recommendation by Magistrate Judge; granting 57 Motion by Charles Legg to dismiss and directing this matter dismissed and removed from this court's docket. Signed by Judge John T. Copenhaver, Jr. on 7/3/2018. (cc: pro se plaintiff; counsel of record; Magistrate Judge Dwane L. Tinsley) (taq)

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, and CORPORAL
CHRISTOPHER HESS, and
SERGEANT CHARLES LEGG, in
their individual capacities,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is defendant Sergeant Charles
Legg’s motion to dismiss, filed January 16, 2018.
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 Recommendations
(“PF&R”) for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).
On May 7, 2018, Magistrate Judge Tinsley entered his PF&R
recommending that defendant Legg’s motion be granted and that
the court dismiss the entirety of plaintiff’s complaint for
failure to exhaust administrative remedies pursuant to 42 U.S.C.
§ 1997(e)(a) and W. Va. Code § 25-1-2(c).

01/28/2016

Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
No objections having been filed, the plaintiff has
02/08/2016
Last day for Rule 26(f) meeting.
waived de novo review of the matter by this court.
02/15/2016
Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
It is, accordingly, ORDERED that defendant Legg’s
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United it hereby is, granted, and that before
motion to dismiss be, and States Courthouse in Charleston, this
the undersigned, unless canceled. Lead counsel
directed removed from this court’s docket.
matter be dismissed andto appear.
02/29/2016

Entry of scheduling order.

Clerk is directed to forward 26(a)(1) this
03/08/2016 The Last day to serve F.R. Civ. P copies of disclosures.
written opinion and order to the pro se plaintiff, all counsel
The Clerk is requested to transmit this Order and
of record, and the Magistrate Judge Dwane unrepresented
Notice to all counsel of record and to any L. Tinsley.
parties.
DATED:
DATED:

July 3, 2018
January 5, 2016

John T. Copenhaver, Jr.
United States District Judge

2