Hall v. Ballard et al

Filing 4

MEMORANDUM OPINION AND ORDER directing that the 3 Proposed Findings and Recommendation by Magistrate Judge are adopted and incorporated in full; the complaint be dismissed for the stated reasons herein; and this action be dismissed and removed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 8/2/2018. (cc: parties; United States Magistrate Judge Dwane L. Tinsley) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

DANIEL LEE HALL, SR.,
Plaintiff,

v.

Civil Action No. 2:15-cv-12543

WARDEN DAVID BALLARD,
Mount Olive Correctional Complex,
C.O. JUSTIN CROOK, and
WEST VIRGINIA DIVISION OF CORRECTIONS, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

This action was previously referred to the Honorable
Dwane L. Tinsley, United States Magistrate Judge, for submission
to the court of his Proposed Findings and Recommendation
(“PF&R”) for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).

On July 11, 2018, Magistrate Judge Tinsley entered his
PF&R recommending that the complaint be dismissed under 42
U.S.C. § 1997e(a) and W. Va. Code § 25-1A-2(c) for failure to
properly exhaust the available administrative remedies, that the
court find that any claims for declaratory and injunctive relief
made in the complaint be denied and dismissed as moot, and that

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
THOMAS PARKER,
the court also find that the defendants in their official
Plaintiff,
capacities are immune from suit under the Eleventh Amendment to
v.
the United States Constitution.

Civil Action No. 15-14025

THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, objections, de novo
Because neither party has filed
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
review of the matter by this court has been waived.
Defendants.
ORDER AND NOTICE
It is, accordingly, ORDERED as follows:
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following 1. That the findings in Magistrate by or on which
dates are hereby fixed as the time Judge Tinsley’s
certain events must occur:
Proposedunder F.R.and Recommendation be, and they
01/28/2016
Motions Findings Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
hereby are, adopted andthereof. (All in full.
such matter in support incorporated motions
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
2. That the complaint be dismissed for above stated
02/08/2016
Last day for Rule 26(f) meeting.
reasons.
02/15/2016
Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
3. That this action be dismissed and removed from the
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in Charleston, before
docket of the court.
the undersigned, unless canceled. Lead counsel
directed to appear.
The Clerk is directed to forward copies of this
02/29/2016
Entry of scheduling order.
memorandum
03/08/2016 opinion and order to the parties and United States
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
Magistrate Judge Dwane L. Tinsley.
The Clerk is requested to transmit this Order and
Notice to all counsel of record and to any unrepresented
parties.
DATED: August 2, 5, 2016
DATED: January 2018

2

John T. Copenhaver, Jr.
United States District Judge