Johnson v. U. S. Postal Service

Filing 4

MEMORANDUM OPINION AND ORDER adopting the 3 Proposed Findings and Recommendations by Magistrate Judge; denying without prejudice the 1 petition for writ of mandamus; dismissing this matter from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 8/7/2017. (cc: plaintiff; all counsel of record; Magistrate Judge Tinsley) (mks)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON R. WAYNE JOHNSON, Petitioner/Plaintiff, v. Civil Action No. 2:17-00022 U.S. POSTAL SERVICE, (and U.S.P.S. JOHN DEOS 1-10), Respondents/Defendants. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, filed on July 5, 2017, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B); and having reviewed the record in this proceeding; and there being no objections filed by any party to the proposed findings and recommendation; and it appearing proper so to do, it is ORDERED that the findings and conclusions made in the proposed findings and recommendation of the magistrate judge be, and they hereby are, adopted by the court. It is, therefore, ORDERED that petitioner’s petition for writ of mandamus (ECF No. 1) be, and hereby is, denied without prejudice. Accordingly, it is hereby ORDERED that this matter is dismissed from the docket of the court. Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Lead counsel directed to appear. 02/29/2016 Entry of scheduling order. The Clerk day directed to forward P 26(a)(1) this written 03/08/2016 Last is to serve F.R. Civ. copies of disclosures. opinion and order to the plaintiff, all counsel of record, and the The Clerk is requested to transmit this Order and United States Magistrate Judge. and to any unrepresented Notice to all counsel of record parties. ENTER: August 7, 5, 2016 DATED: January 2017 John T. Copenhaver, Jr. United States District Judge 2

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