Rychlik v. Kanawha County Courthouse

Filing 11

MEMORANDUM OPINION AND ORDER adopting and incorporating the 7 Proposed Findings and Recommendation of the Magistrate Judge; directing that the plaintiff's motion and complaint are dismissed. Signed by Judge John T. Copenhaver, Jr. on 12/21/2018. (cc: counsel of record; any unrepresented party; United States Magistrate Judge) (taq)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON KEITH WILLIAM RYCHLIK, Plaintiff, v. Civil Action No. 2:18-cv-00003 KANAWHA COUNTY COURTHOUSE, Defendant. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, entered on May 20, 2018; and the magistrate judge having recommended that the court dismiss this matter pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, and the dictates of Twombly and Iqbal, and deny as moot the plaintiff’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 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, accordingly, ORDERED that the plaintiff’s motion and complaint be, and they hereby are, dismissed. The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the United States Magistrate Judge. DATED: December 21, 2018 2

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