Miller v. Rubenstein et al

Filing 13

MEMORANDUM OPINION AND ORDER adopting the 10 Proposed Findings and Recommendations by Magistrate Judge; granting defendants' 8 Motion to Dismiss with regard to all of the plaintiffs claims against defendants Ballard and Rubenstein, with r egard to the plaintiffs claims for monetaryrelief against defendants Clifford and Doe in their official capacities, and with regard to the plaintiffs claims for preliminary injunctive relief contained in the complaint, but otherwise denied; denying as premature defendants' alternative 8 MOTION for Summary Judgment. Signed by Judge John T. Copenhaver, Jr. on 3/10/2016. (cc: movant; counsel of record; magistrate judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

ANDREW MILLER,
Petitioner,
v.

Civil Action No. 2:15-01581

JIM RUBENSTEIN, Commissioner,
DAVID BALLARD, Warden,
MARGARET CLIFFORD, Lt., and
JOHN DOE, Officer, each in
their individual and official
capacities,
Defendants.

MEMORANDUM OPINION AND ORDER

The court having received the proposed findings and
recommendation of the United States Magistrate Judge filed on
February 17, 2016, pursuant to the provisions of 28 U.S.C. §
636(b)(1)(B); and having reviewed the record in this proceeding;
and there being no objections filed by either party to the
proposed findings and recommendation; and it appearing proper so
to do, it is ORDERED that the findings and conclusions made in
the proposed findings and recommendation of the magistrate judge
be, and they hereby are, adopted by the court.

The court, accordingly, ORDERS that the defendants’
Motion to Dismiss be, and it hereby is, granted with regard to

all of the plaintiff’s claims against defendants Ballard and
Rubenstein, with regard to the plaintiff’s claims for monetary
relief against defendants Clifford and Doe in their official
capacities, and with regard to the plaintiff’s claims for
preliminary injunctive relief contained in the complaint, but
otherwise denied.

It is further ORDERED that the defendants’

alternative Motion for Summary Judgment be, and it hereby is,
denied as premature.

The Clerk is directed to forward copies of this order
to the movant, all counsel of record, and the magistrate judge.
DATED:

March 10, 2016

John T. Copenhaver, Jr.
United States District Judge

2