Greene v. Slack et al

Filing 21

MEMORANDUM OPINION AND ORDER adopting and incorporating herein the 20 Proposed Findings and Recommendations by Magistrate Judge, denying the 5 Motion to Proceed without Prepayment of Fees or Costs, and dismissing the plaintiff's complaint without prejudice. Signed by Judge John T. Copenhaver, Jr. on 5/3/2019. (cc: counsel of record; Magistrate Judge) (ts)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
MICHAEL J. GREENE,
Plaintiff,
v.

Civil Action No. 2:18-cv-00469

DONALD SLACK, et. al.,
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 3, 2019; and the magistrate judge having recommended
that the court dismiss this matter, without prejudice, because the
plaintiff has proceeded on a second amended complaint in Case. No.
2:17-cv-02897, which incorporates all of the allegations contained
in the complaint filed herein, 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 complaint
be, and it hereby is, dismissed without prejudice.

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: May 3, 2019

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