Humphrey v. WV DOC et al

Filing 7

MEMORANDUM OPINION AND ORDER adopting and incorporating the 6 Proposed Findings and Recommendation of the Magistrate Judge; directing that the movant's complaint is dismissed, without prejudice; denying as moot the 1 Application by Bryan Humphrey to Proceed without Prepayment of Fees and Costs. Signed by Judge John T. Copenhaver, Jr. on 10/3/2018. (cc: counsel of record; any unrepresented party; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
BRYAN HUMPHREY,
Plaintiff,
v.

Civil Action No. 2:15-cv-13872

LT. HILL, CO II PETERS,
And LT. ALLEN,
Defendants.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L. Tinsley,
entered on June 11, 2018; and the magistrate judge having recommended
that the court dismiss this matter, without prejudice, for failure
to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure; and deny as moot the plaintiff’s initial Application to
Proceed Without Prepayment of Fees and Costs; and no objection having
been filed to the Proposed Findings and Recommendation, it is ORDERED
that the findings made in the Proposed Findings and Recommendation
of the magistrate judge be, and they hereby are, adopted by the court
and incorporated herein.
It is, therefore, ORDERED that the movant’s complaint be,
and it hereby is, dismissed, without prejudice.

The Clerk is directed to forward copies of this written
opinion and order to all counsel of record and the United States
Magistrate Judge.

DATED: October 3, 2018

John T. Copenhaver, Jr.
United States District Judge