Foster v. Charnock et al

Filing 13

MEMORANDUM OPINION AND ORDER adopting and incorporating the 11 Proposed Findings and Recommendations by Magistrate Judge; directing that this action, as to Attorney Alex of the Calwell Group is dismissed; denying as moot the 4 MOTION by Attorney Alex to Dismiss Case as Frivolous. Signed by Judge John T. Copenhaver, Jr. on 3/25/2015. (cc: counsel of record; plaintiff) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
CARL C. FOSTER,
Plaintiff,
v.

Civil Action No. 2:14-24232

JUDGE ANN CHARNOCK and
JUDGE KAUFMAN and JUDGE BAILEY and
JUDGE WEBSTER and JUDGE STUCKY and
JUDGE BLOOM and JUDGE ZAKAIB and
JUDGE KING and DR. CLINTON MILLS and
DR. ADRIAN NAHLA and DINA MOLER and
CAMC and ATTORNEY ALEX OF THE CALWELL GROUP and
ATTORNEY PAUL STROEBEL and
RICHARD MINGUS, Human Rights Commission, and
MR. DUIGUID, Human Rights Commission, and
HUMAN RIGHTS COMMISSION, and
BILLY and HOLLIS LEWIS and CINDY MOSS,
Martin Luther King Community Center, and
CHIEF OF POLICE, OFFICER YOUNG and
OFFICER HOLSTEIN and
TAMMY JONES, Charleston Housing, and
ROB COLES, Charleston Housing, and
CHARLESTON HOUSING and KRT CITY OF CHARLESTON and
THE STATE OF WEST VIRGINIA and GOVERNOR EARL RAY TOMBLIN,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending is the motion to dismiss filed August 14,
2014, by the Calwell Practice, L.C., on behalf of defendant
“Attorney Alex of the Calwell Group.”
This action was previously referred to Dwane L.
Tinsley, United States Magistrate Judge, who has submitted his

Proposed Findings and Recommendations (“PF&R”) pursuant to the
provisions of 28 U.S.C. § 636(b)(1)(B).

The magistrate judge

recommends in his PF&R as to Attorney Alex of the Calwell Group
alone that the complaint be dismissed for lack of subject matter
jurisdiction and the motion to dismiss denied as moot.
On February 23, 2015, the PF&R was filed.
16, 2015, plaintiff filed his objections.

On March

The objections do not

address the deficiencies in the complaint identified by the
magistrate judge.

They state, in their totality, as follows:

Due to Health [sic] issues and economic hardship;
[sic] I Carl C. Foster am requesting this Court to
postpone all my hearings, procedures, and schedules.
My home life is suffering big time, and I need to
repair these fractures in my life. I am requesting
the Court grant me a year’s time to repair my
fractured health and social, home, and Family [sic]
life.
(Objecs. at 1).

Inasmuch as plaintiff offers no authority

supporting the exercise of subject matter jurisdiction, the
court is unauthorized to enter the requested stay or otherwise
retain jurisdiction over the case.

The objections are thus not

meritorious.
Following a de novo review, and having concluded that
the objections lack merit, it is ORDERED that the PF&R be, and
it hereby is, adopted and incorporated herein.

It is further

ORDERED that this action, as to Attorney Alex of the Calwell

2

Group alone, be, and hereby is, dismissed.

It is further

ORDERED that the motion to dismiss be, and hereby is, denied as
moot.
The Clerk is directed to send a copy of this written
opinion and order to counsel of record and plaintiff.
ENTER:

March 25, 2015

John T. Copenhaver, Jr.
United States District Judge

3