Oxley et al v. South Central Regional Jail

Filing 6

MEMORANDUM OPINION AND ORDER adopting the 5 Proposed Findings and Recommendation; directing that Chad Day and Brandon Shultz are dismissed without prejudice as plaintiffs in this action; further directing that Thomas Oxley's 2 Complaint is dismissed and the 1 Application to Proceed without Prepayment of Fees or Costs is denied. Signed by Judge John T. Copenhaver, Jr. on 5/10/2019. (cc: attys; any unrepresented party, Magistrate Judge, plaintiff) (lca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
THOMAS EDWARD OXLEY, JR.,
CHAD DAY, and BRANDON SHULTZ,
Plaintiffs,
v.

Civil Action No. 2:17-cv-003915

SOUTH CENTRAL REGIONAL JAIL,
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 5, 2019; and the magistrate judge
having recommended that the court dismiss without prejudice Chad
Day and Brandon Shultz as plaintiffs in this matter, that the
court dismiss the complaint inasmuch as it fails to state a
claim upon which relief can be granted, and that the court deny
plaintiff Thomas Oxley’s application to proceed without
prepayment of fees and costs; 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 Chad Day and Brandon
Shultz be, and they hereby are, dismissed without prejudice as

plaintiffs in this action.

It is further ORDERED that the

plaintiff Thomas Oxley’s complaint be, and it hereby is,
dismissed and his application to proceed without prepayment of
fees and costs be, and it hereby is, denied.
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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