Foster v. Charnock et al

Filing 17

MEMORANDUM OPINION AND ORDER directing that: 1) the 15 Proposed Findings and Recommendation is adopted and incorporated by the court; 2) the complaint is dismissed with prejudice; and 3) this action be removed from the court's docket. Signed by Judge John T. Copenhaver, Jr. on 2/26/2018. (cc: pro se plaintiff; all counsel of record; Magistrate Judge Dwane L. Tinsley) (kp)

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

Civil Action No. 2:14-cv-24232

JUDGE ANNE B. CHARNOCK, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

Pending before the court is the plaintiff’s complaint,
alleging a number of claims against thirty-one defendants,
including all of the circuit judges of Kanawha County, West
Virginia, Municipal Judge Anne B. Charnock of the City of
Charleston, West Virginia, and others.

This action was

previously referred to Dwane L. Tinsley, United States
Magistrate Judge, who submitted his Proposed Findings and
Recommendation (“PF&R”) on January 22, 2018.

The magistrate judge recommends that the court dismiss
the plaintiff’s complaint, pursuant to 28 U.S.C. §
1915(e)(2)(B), for failure to state a claim on which relief can
be granted and as otherwise set out in the PF&R.

The plaintiff,

proceeding pro se, has not filed objections to the PF&R.

Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
certain events must occur:
01/28/2016

Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
Accordingly, it is ORDERED that:
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)). be, and it
1. the Proposed Findings and Recommendation

02/08/2016

Last day for Rule 26(f) meeting.
hereby is, adopted and incorporated by the court;
Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
2. the complaint be, and it hereby is, dismissed with

02/15/2016

02/22/2016

02/29/2016

Scheduling conference at 4:30 p.m. at the Robert C.
prejudice; and
Byrd United States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
directed to appear.
3. this action be removed from the court’s docket.
Entry of scheduling order.

03/08/2016

Last Clerkto serve F.R. to forward copiesdisclosures.
The day is directed Civ. P 26(a)(1) of this

written opinion is requested to transmit plaintiff, all counsel
The Clerk and order to the pro se this Order and
Notice to all counsel of record and to any L. Tinsley.
of record, and Magistrate Judge Dwane unrepresented
parties.
DATED: January 5, 2018
ENTER: February 26, 2016
John T. Copenhaver, Jr.
United States District Judge

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