Winter v. Plumley et al

Filing 9

MEMORANDUM OPINION AND ORDER The findings and conclusions made in the 7 Proposed Findings and Recommendation of the magistrate judge relating to the dismissal of this action are adopted by the court; the petitioner's 2 complaint is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 10/18/2017. (cc: plaintiff; counsel of record; United States Magistrate Judge) (kp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JACOB BENJAMIN WINTER,
Plaintiff,
v.

Civil Action No. 2:14-cv-26977

SGT. MARK PLUMLEY, in his
individual capacity, and
OFFICER CLIFTON CARR, in his
individual capacity, and
CAPTAIN MARGARET CLIFFORD, in her
individual capacity, and
WARDEN DAVID BALLARD, in his
individual and official capacities,
and MAJOR ROBERT RHODES, in his
individual and official capacities,
and JIM RUBENSTEIN in his individual
and official capacities,
Defendants.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L. Tinsley,
filed on March 27, 2017, pursuant to the provisions of 28 U.S.C. §
636(b)(1)(B); and having reviewed the record in this proceeding; and
it appearing that plaintiff has made no filings in the case after
his complaint on October 17, 2014, and a letter inquiring of case
status on January 6, 2015, despite being directed to file a new
Application to Proceed Without Prepayment of Fees and Costs by May
15, 2015; and there being no objections filed by any party to the

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
proposed findings and recommendation; and it (All motions
such matter in support thereof. appearing proper so to
unsupported by memoranda will be denied without
do, it is ORDERED that the findings and conclusions made in the
prejudice pursuant to L.R. Civ. P. 7.1 (a)).

02/08/2016 findings and recommendation of the magistrate judge
Last day for Rule 26(f) meeting.
proposed
02/15/2016 to Last dismissal of Reportaction be, and they hereby are,
relating
the day to file this of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
adopted by the court.
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
It is, therefore, ORDERED that the petitioner’s complaint
directed to appear.
be, and it hereby is, dismissed without prejudice.
02/29/2016
Entry of scheduling order.
03/08/2016

Last day to serve F.R. Civ. P 26(a)(1) disclosures.
The Clerk is directed to forward copies of this written

opinion The Clerk to plaintiff, to transmit of record and the United
and order is requested all counsel this Order and
Notice to all counsel of record and to any unrepresented
States Magistrate Judge.
parties.
DATED: October 2016
DATED: January 5,18, 2017
John T. Copenhaver, Jr.
United States District Judge