Boddy v. City of Charleston, WV et al

Filing 42

MEMORANDUM OPINION AND ORDER adopting the 41 Proposed Findings and Recommendation by Magistrate Judge; granting the 28 Motion by the City of Charleston, WV and Ex-Sr. Patrolman Brian A. Lightner to Dismiss, 31 Motion by the State of West Virginia and Magistrate Halloran to Dismiss, 36 Motion by Parole Officer Jordan McKinley to Dismiss; and this matter be dismissed and removed from this court's docket. Signed by Judge John T. Copenhaver, Jr. on 8/15/2018. (cc: plaintiff, pro se; counsel of record; Magistrate Judge Dwane L. Tinsley) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
DIARRA JERMAINE BODDY,
Plaintiff,
v.

Civil Action No. 2:15-cv-16026

CITY OF CHARLESTON, WV, and
STATE OF WEST VIRGINIA, and
MAGISTRATE HALLORAN, individually
and officially, and EX-SR.
PATROLMAN BRIAN A. LIGHTNER,
individually and officially, and
PAROLE OFFICER JORDAN MCKINLEY,
individually and officially,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court are motions to dismiss filed
by the City of Charleston, WV and Ex-Sr. Patrolman Brian A.
Lightner on October 6, 2017; by the State of West Virginia and
Magistrate Halloran on October 9, 2017; and by Parole Officer
Jordan McKinley on November 6, 2017.
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 Recommendations
(“PF&R”) for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).

THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
On July 26, 2018, Magistrate Judge Tinsley entered his PF&R
Defendants.
recommending that all defendants’ motions be granted and that
ORDER AND NOTICE
this action be dismissed from the docket of this court.
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
No must occur:
certain eventsobjections having been filed, the plaintiff has
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
waived de novo review of the matter by this court.
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
It is, accordingly, ORDERED that the motions to
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
dismiss filed, respectively, by 26(f)City of Charleston and
02/08/2016
Last day for Rule the meeting.
02/15/2016 Lightner; the State of West of Parties= Planning
Last day to file Report Virginia and defendant
defendant
Meeting. See L.R. Civ. P. 16.1.
Magistrate Halloran; and defendant McKinley be, and they hereby
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
are, granted, Byrd that this matter be dismissed and removed from
and United States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
this court’s docket. to appear.
directed
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 Magistrate and Dwane unrepresented
Notice to all counsel of recordJudge to any L. Tinsley.
parties.
DATED: August 5, 2018
DATED: January 15, 2016
John T. Copenhaver, Jr.
United States District Judge

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