Fowler v. Raines et al

Filing 24

MEMORANDUM OPINION AND ORDER adopting 23 Proposed Findings and Recommendations by Magistrate Judge; directing that the 17 Motion to Dismiss filed by Raines, Nitro Police Dept., and 20 Supplemental Motion to Dismiss filed by Raines, Nitro Police Dept., are granted; further directing that plaintiff's complaint is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 5/8/2019. (cc: attys; any unrepresented party, plaintiff) (lca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JOSEPH EMERSON FOWLER II,
Plaintiff,
v.

Civil Action No. 2:17-CV-4487

SRG RAINES, and NITRO
POLICE DEPT.,
Defendants.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Cheryl A.
Eifert, entered on April 16, 2019; and the magistrate judge
having recommended that defendants’ motion to dismiss and
supplemental motion to dismiss be granted and that the
plaintiff’s complaint be dismissed without prejudice; and no
objection having been filed to the Proposed Findings and
Recommendation, it is ORDERED that the findings 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 defendants’ motion to
dismiss and supplemental motion to dismiss be, and they hereby
are, granted.

It is further ORDERED that the plaintiff’s

complaint be, and it hereby is, dismissed without prejudice.

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 8, 2019

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