Greene v. Ballard et al

Filing 256

ORDER The 252 Proposed Findings and Recommendation is adopted and incorporated herein; the 209 MOTION by Michael Jermaine Greene for Court Order to Have Defendant Move Back to Mt. Olive Correctional Complex for MHU Only is denied. Signed by Senior Judge John T. Copenhaver, Jr. on 2/25/2021. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge) (kew)

NITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
MICHAEL JERMAINE GREENE,
Plaintiff,
v.

Civil Action No. 2:17-cv-02897

DAVID BALLARD, et al.,
Defendants.
ORDER
Pending is plaintiff’s “Motion for Court Order to Have
Defendants Move Him Back to Mt. Olive Corr. Complex for MHU
Only.”

ECF No. 209.

This action is referred to United States

Magistrate Judge Dwane L. Tinsley for submission of Proposed
Findings and Recommendation (“PF&R”) for disposition pursuant to
28 U.S.C. § 636(b)(1)(B).

On February 1, 2021, the magistrate

judge entered his PF&R construing the motion as one for
preliminary injunctive relief in the form of an order requiring
that plaintiff be moved from the Huttonsville Correctional
Center, where he is presently incarcerated, to the Mental Health
Unit at Mount Olive Correctional Complex and recommending that
the motion be denied.
objection to the PF&R.

ECF No. 252.

Plaintiff has not filed any

See 28 U.S.C. § 636(b)(1) (party has

fourteen days from service of PF&R to file objections); see also

Fed. R. Civ. P. 6(d) (providing an additional three days where
service is made by mail).
Plaintiff having not filed any objection to the PF&R,
it is ORDERED that the findings made in the PF&R of the
magistrate judge be, and they hereby are, adopted by the court
and incorporated herein.

It is further ORDERED that plaintiff’s

motion be, and it hereby is, denied.
The Clerk is directed to transmit copies of this order
to all counsel of record, to any unrepresented parties, and to
the United States Magistrate Judge.
ENTER: February 25, 2021

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