Rodger II of the family of Atwood v. Connor et al

Filing 26

ORDER adopting and incorporating the 24 Proposed Findings and Recommendation by Magistrate Judge; denying petitioner's 1 Petition for Equitable Relief; the petitioner is cautioned that he may be subject to sanctions should he continue to file clearly frivolous actions. Signed by Judge Joseph R. Goodwin on 5/23/2017. (cc: petitioner; counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
RODGER II OF THE FAMILY OF ATWOOD,
Petitioner,
v.

CIVIL ACTION NO. 2:17-cv-01180

CHRISTOPHER C. CONNOR, et al.,
Respondents.

ORDER
Pending before the court is the petitioner’s Petition for Equitable Relief [ECF
No. 1]. This action was referred to United States Magistrate Judge Dwane L. Tinsley
for submission to this court of proposed findings of fact and recommendation for
disposition pursuant to 28 U.S.C. § 636(b)(1)(B). On May 4, 2017, the Magistrate
Judge submitted his Proposed Findings of Fact and Recommendation [ECF No. 24]
regarding the pending Petition. The petitioner timely filed his objections styled as
“Plea in Abatement” [ECF No. 25]. The defendants did not timely file objections.
Having reviewed the petitioner’s ten objections de novo, the court FINDS that
all are without merit. Accordingly, the court ADOPTS and INCORPORATES herein
the Magistrate Judge’s report in full. Accordingly, the court ORDERS that the
petitioner’s Petition for Equitable Relief [ECF No. 1] is DENIED. Further, the
petitioner is cautioned that he may be subject to sanctions should he continue to file
clearly frivolous actions.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

2

May 23, 2017