Greathouse v. United States of America

Filing 6

MEMORANDUM OPINION AND ORDER adopting the 5 Proposed Findings and Recommendations; directing that the 1 Complaint is dismissed; further directing that the 4 Application to Proceed without Prepayment of Fees or Costs is denied as moot. Signed by Judge John T. Copenhaver, Jr. on 5/10/2019. (cc: attys; any unrepresented party) (lca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
DERRICK GREATHOUSE,
Plaintiff,
v.

Civil Action No. 2:16-CV-6205

UNITED STATES OF AMERICA,
Defendant.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L.
Tinsley, entered on April 19, 2019; and the magistrate judge
having recommended that the court find that plaintiff’s
complaint fails to state a claim upon which relief can be
granted inasmuch as the complaint is barred by the doctrine of
res judicata and that his application to proceed without
prepayment of fees and costs be denied as moot; and no objection
having been filed to the Proposed Findings and Recommendation,
it is ORDERED that the findings and recommendation 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.

It is further

ORDERED that plaintiff’s application to proceed without
prepayment of fees and costs be, and it hereby is, denied as
moot.
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: May 10, 2019

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