Ruther v. West Virginia Officers

Filing 6

MEMORANDUM OPINION AND ORDER directing that the 5 Proposed Findings and Recommendation of the magistrate judge are adopted by the court; the plaintiff's 1 Complaint is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 1/14/2019. (cc: plaintiff; all counsel of record; United States Magistrate Judge) (kp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
L. RUTHER,
Plaintiff,
v.

Civil Action No. 2:16-CV-6191

WEST VIRGINIA OFFICERS,
Defendants.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L.
Tinsley, entered on November 14, 2018; and the magistrate judge
having recommended that the court dismiss this matter without
prejudice as being frivolous and for failure to state a claim
upon which relief can be granted; 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 plaintiff’s
complaint be, and it hereby is, dismissed without prejudice.

The Clerk is directed to forward copies of this
written opinion and order to the plaintiff, all counsel of
record, and the United States Magistrate Judge.
ENTER: January 14, 2018

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