Foster v. Charnock

Filing 8

MEMORANDUM OPINION AND ORDER adopting 7 Proposed Findings and Recommendations by Magistrate Judge and that this action is dismissed. Signed by Judge John T. Copenhaver, Jr. on 12/18/2017. (cc: attys; any unrepresented party, Mag. Judge) (tmr)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON CARL C. FOSTER, Plaintiff, v. Civil Action No. 2:14-cv-29205 JUDGE ANNE CHARNOCK, Defendant. MEMORANDUM OPINION AND ORDER This action was previously referred to Dwane L. Tinsley, United States Magistrate Judge, who has submitted his Proposed Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). The court has reviewed the Proposed Findings and Recommendation entered by the magistrate judge on October 27, 2017. The magistrate judge recommends that the court dismiss the plaintiff’s complaint according to 28 U.S.C. § 1915(e)(2)(B). The plaintiff, proceeding pro se, has not objected to the Proposed Findings and Recommendation. Accordingly, it is ORDERED that the Proposed Findings and Recommendations be, and hereby is, adopted by the court, and that the plaintiff’s action be, and hereby is, dismissed. 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. 02/29/2016 Entry of scheduling order. The Clerk is directed to forward copies of this 03/08/2016 Last day to serve F.R. Civ. P 26(a)(1) disclosures. written opinion and order to the pro se plaintiff, all counsel The Clerk is requested to transmit this Order and of record, and the United States Magistrate Judge. Notice to all counsel of record and to any unrepresented parties. ENTER: December 18, 2017 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge 2

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