Hall v. Rubenstein et al

Filing 4

MEMORANDUM OPINION AND ORDER adopting the 3 Proposed Findings and Recommendations by Magistrate Judge; denying petitioner's 1 Petition for Writ of Mandamus. Signed by Judge John T. Copenhaver, Jr. on 8/2/2016. (cc: petitioner; counsel of record; the United States Magistrate Judge) (tmh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

JAMES D. HALL, JR.,
Petitioner,
v.

Civil Action No. 2:15-13294

JAMES RUBENSTEIN, DAVID BALLARD,
CHERYL CHANDLER, JONATHAN FRAME,
and JASON COLLINS
Respondents.

MEMORANDUM OPINION AND ORDER

The court having received the proposed findings and
recommendation of the United States Magistrate Judge filed on
July 15, 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 the petitioner or
the respondents 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, finds that the petitioner’s
Petition for a Writ of Mandamus is legally frivolous and fails

01/28/2016

Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
to state a claim upon which relief can be granted inasmuch as a
02/08/2016
Last day for Rule 26(f) meeting.
federal writ of mandamus will not lie against state officers
02/15/2016
Last day to file Report of Parties= Planning
Meeting.
such as the respondents.See L.R. Civ. P. 16.1.
The court further finds that the
petition is
02/22/2016 moot due to the petitioner’s release at the Robert C.
Scheduling conference at 4:30 p.m. on parole. It
Byrd United States Courthouse in Charleston, before
is ORDERED that the Petition for a Writ of Mandamus be, and it
the undersigned, unless canceled. Lead counsel
directed to appear.
hereby is, denied.
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 order

The Clerk is counsel of record, and the United States
to the petitioner, any requested to transmit this Order and
Notice to all counsel of record and to any unrepresented
Magistrate Judge.
parties.
DATED:
August 2, 2016
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge