Smith v. State of West Virginia et al

Filing 6

ORDER adopting and incorporating the 5 Proposed Findings and Recommendation. The court dismisses this civil action and denies the 1 Application to Proceed without Prepayment of Fees and Costs. Signed by Judge Joseph R. Goodwin on 6/14/2019. (cc: attys; any unrepresented party, Magistrate Judge) (lca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
GARY A. SMITH
Plaintiff,
v.

CIVIL ACTION NO. 2:18-cv-00916

STATE OF WEST VIRGINIA, et al.,
Defendants.

ORDER
This action was referred to United States Magistrate Judge Dwane L. Tinsley
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 May 20, 2019, Magistrate Judge
Tinsley submitted his Proposed Findings and Recommendation [ECF No. 5]
(“PF&R”), recommending the court dismiss this civil action pursuant to the provisions
of 28 U.S.C. § 1915(e)(2)(B) and 1915A and deny the plaintiff’s Application to Proceed
without Prepayment of Fees and Costs [ECF No. 1]. The deadline to file objections to
the PF&R has passed, and, to date, no objections have been filed.
Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. For
the reasons stated, the court DISMISSES this civil action pursuant to the provisions
of 28 U.S.C. § 1915(e)(2)(B) and 1915A and DENIES the plaintiff’s Application to
Proceed without Prepayment of Fees and Costs [ECF No. 1].

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

June 14, 2019