Elkins v. Rickard

Filing 12

MEMORANDUM OPINION AND ORDER adopting the 10 Proposed Findings and Recommendation by Magistrate Judge; directing that the plaintiff's complaint is dismissed and that this matter be removed from the court's docket. Signed by Judge John T. Copenhaver, Jr. on 10/3/2016. (cc: plaintiff; counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
KELLY ELKINS
Plaintiff,
v.

Civil Action No. 2:14-23765

BARBARA RICKARD, Warden,
Defendant.

MEMORANDUM OPINION AND ORDER

The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Omar J. Aboulhosn,
filed on May 12, 2016, pursuant to the provisions of 28 U.S.C. §
636(b)(1)(B); and having reviewed the record in this proceeding; and
there being no objections filed by any party to the proposed findings
and recommendation; 1 and it appearing proper so to do, it is ORDERED
that the findings and conclusions made in the proposed findings and
recommendation of the magistrate judge be, and they hereby are,
adopted by the court.
It is, therefore, ORDERED that the plaintiff’s complaint
be, and it hereby is, dismissed and that this matter be removed from

1

The Proposed Findings and Recommendation was mailed to Kelly Elkins
at her last known address, at FPC Alderson, and was returned as
undeliverable on May 26, 2016 because Elkins was released from
custody on August 28, 2015. See ECF Doc. 11. Her new address is
unknown. Id. Elkins has had more than a year since her release to
provide the court with her current address, and has failed to do so.

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
the undersigned, unless canceled. Lead counsel
directed to appear.
the court’s docket.
02/29/2016

Entry of scheduling order.

The Clerk is directed to forward copies of this written
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
opinion and The Clerk is requested to transmit this Order and
order to plaintiff, all counsel of record and the United
Notice to all counsel of
States Magistrate Judge. record and to any unrepresented
parties.
DATED: January 2016
DATED: October 3, 5, 2016
John T. Copenhaver, Jr.
United States District Judge