Turner v. West Virginia Regional Jail Authority et al

Filing 49

MEMORANDUM OPINION AND ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS It is ORDERED that the findings made in both 39 and 48 Proposed Findings and Recommendations of the magistrate judge are adopted by the court and incorporated herei n; defendant Holiday's 44 Motion to Dismiss for failure to prosecute be is granted and that this case is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 12/24/2019. (cc: plaintiff; counsel of record; United States Magistrate Judge) (ts)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
RICHARD DALE TURNER,
Plaintiff,
v.

Civil Action No. 2:16-cv-04346

C.O. PERRY, C.O. ALLEN,
C.O. HOLIDAY, and MEDICAL
STAFF,
Defendants.
MEMORANDUM OPINION AND ORDER
This matter having been referred to United States
Magistrate Judge Dwane L. Tinsley pursuant to 28 U.S.C.
§ 636(b)(1)(B), he filed his Proposed Findings and
Recommendations on April 4, 2019 and October 30, 2019.
Magistrate Judge Tinsley recommends that the court (1) dismiss
the claims against defendants C.O. Allen and C.O. Perry without
prejudice for failure to effect service of process, pursuant to
Rule 4(m) of the Federal Rules of Civil Procedure; and (2) grant
defendant C.O. Holiday’s motion to dismiss for failure to
prosecute, filed June 5, 2019, and dismiss this matter pursuant
to Rule 41(b).

No objections having been filed to either of

these Proposed Findings and Recommendations, it is ORDERED that
the findings made in both Proposed Findings and Recommendations

of the magistrate judge be, and they hereby are, adopted by the
court and incorporated herein.
Accordingly, it is ORDERED that defendant Holiday’s
motion to dismiss for failure to prosecute be, and it hereby is,
granted.

It is further ORDERED that this case be, and it hereby

is, dismissed without prejudice.
The Clerk is directed to transmit copies of this
memorandum opinion and order to plaintiff, all counsel of
record, and the United States Magistrate Judge.
ENTER: December 24, 2019

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