Cochran v. Ballard et al

Filing 32

ORDER adopting and incorporating the 31 Proposed Findings and Recommendation of the Magistrate Judge; granting in part and denying in part the defendants' 23 Motion for Judgment on the Pleadings; the court DENEIS the Motion as to the plaintiff's claims for equitable relief and GRANTS the motion as to the plaintiff's claims for monetary damages. Signed by Judge Joseph R. Goodwin on 11/27/2018. (cc: counsel of record; any unrepresented party; Magistrate Judge) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MELVIN COCHRAN,
Plaintiff,
v.

CIVIL ACTION NO. 2:17-cv-04312

WARDEN DAVID BALLARD, et al.,
Defendants.

ORDER
This action was referred to United States Magistrate Judge Cheryl A. Eifert
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 November 9, 2018, Magistrate
Judge Eifert submitted her Proposed Findings of Fact and Recommendation [ECF
No. 31] (“PF&R”), recommending that the court deny in part and grant in part the
Defendants’ Motion for Judgment on the Pleadings [ECF No. 23]. No objections to the
PF&R have been filed.
Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. For
the reasons stated therein, the court GRANTS in part and DENIES in part the
Defendants’ Motion for Judgment on the Pleadings [ECF No. 23]. The court DENEIS
the Motion as to the Plaintiff’s claims for equitable relief and GRANTS the motion as
to the Plaintiff’s claims for monetary damages.

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

2

November 27, 2018