Mullins v. South Central Regional Jail
Filing
7
MEMORANDUM OPINION AND ORDER adopting the findings made in the 6 Proposed Findings and Recommendation by Magistrate Judge. It is ORDERED that this action be, and it hereby is, dismissed, with prejudice, pursuant to 28 U.S.C. §§ 191 5(e)(2)(B) and 1915A; that plaintiff's 3 application to proceed without prepayment of fees and costs be, and it hereby is, DENIED as moot; that the court waives payment of the applicable filing fee. The Clerk is directed to remove this action from the Court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 11/24/2020. (cc: counsel of record, any unrepresented party, United States Magistrate Judge) (mk)
Case 2:18-cv-00514 Document 7 Filed 11/24/20 Page 1 of 2 PageID #: 29
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
ROBERT DANIEL MULLINS
Plaintiff,
v.
Case No. 2:18-cv-00514
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 October 13, 2020 (ECF No. 6); and the
magistrate judge having recommended that the court dismiss the
action pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A based on
the plaintiff’s failure to state a claim against defendant South
Central Regional Jail (a state agency that enjoys Eleventh
Amendment immunity), or in the alternative, pursuant to Federal
Rule of Civil Procedure 41(b) based on the plaintiff’s failure
to prosecute; 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 (ECF No. 6) be, and they hereby are, adopted by
the court and incorporated herein.
Case 2:18-cv-00514 Document 7 Filed 11/24/20 Page 2 of 2 PageID #: 30
Accordingly, it is further ORDERED that:
1.
This action be, and it hereby is, dismissed, with
prejudice, pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A.
2.
The plaintiff’s application to proceed without
prepayment of fees and costs (ECF No. 3) be, and it hereby is,
DENIED as moot.
The court waives payment of the applicable
filing fee.
3.
The Clerk is directed to remove this action from
the court’s docket.
The Clerk is directed to forward copies of this
memorandum opinion and order to all counsel of record, any
unrepresented party, and the United States Magistrate Judge.
ENTER:
2
November 24, 2020
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