Ayers v. Singleton et al

Filing 10

MEMORANDUM OPINION AND ORDER re: 7 Proposed Findings and Recommendation; notice of this filing to the plaintiff has been returned undeliverable; on 7/11/2017, the plaintiff filed notice of his current address; it appears to the court that the plaintiff may not have received a copy of the Proposed Findings and Recommendation, which recommends dismissal without prejudice; acting on that assumption, the court declines to adopt the Proposed Findings and Recommendation and again refers this matter to Magistrate Judge Dwane L. Tinsley for all such further proceedings as may be appropriate. Signed by Judge John T. Copenhaver, Jr. on 10/19/2017. (cc: plaintiff; counsel of record; the United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
ERIC D. AYERS,
Plaintiff,
v.

Civil Action No. 2:14-cv-28753

CORPORAL SINGLETON, and
SERGEANT TERRY, and
LIEUTENANT BENION, and
COUNSELOR OSBORNE, and
SRT OFFICERS,
Defendants.
MEMORANDUM OPINION AND ORDER
The court has received the Proposed Findings and
Recommendation in this case by 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).

Notice of this filing

to the plaintiff, whose then address was listed by him in the
record of this case as 2779C Pennsylvania Ave, Charleston, WV
25302, has been returned undeliverable.
Since then the plaintiff, on July 11, 2017, has filed
notice of his current address as being 100 Deputy Dean Miera
Drive SW, Albuquerque, NM 87151.

It appears to the court that

the plaintiff may not have received a copy of the Proposed
Findings and Recommendation, which recommends dismissal without

unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
02/08/2016

Last day for Rule 26(f) meeting.

02/15/2016
Last day to file Report of Parties= Planning
prejudice. Meeting.on See L.R. Civ. P. 16.1.court declines to
Acting
that assumption, the
adopt the Proposed Findings and Recommendation and again refers
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
this matter ByrdJudge Tinsley for all such in Charleston, beforeas
to United States Courthouse further proceedings
the undersigned, unless canceled. Lead counsel
directed
may be appropriate. to appear.
02/29/2016
03/08/2016

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

written The Clerkand order to plaintiff, all counsel of record
opinion is requested to transmit this Order and
Notice the all counsel of Magistrate Judge. unrepresented
and to United States record and to any
parties.
DATED: January 5,19, 2017
DATED: October 2016
John T. Copenhaver, Jr.
United States District Judge