Sharp v. Heart et al

Filing 13

ORDER adopting and incorporating the 11 Proposed Findings and Recommendation of the Magistrate Judge; DISMISSES the plaintiff's 2 Complaint; and DENIES as moot the plaintiff's 1 Application to Proceed without Prepayment of Fees and Costs. Signed by Judge Joseph R. Goodwin on 10/16/2018. (cc: counsel of record; any unrepresented party; United States Magistrate Judge) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
WILLIAM C. SHARP,
Plaintiff,
v.

CIVIL ACTION NO. 2:18-cv-01056

C. O. HEART, et al.,
Defendants.

ORDER
This action was referred to United States Magistrate Judge Dwane L. Tinsley
for submission of proposed findings of fact and recommendation for disposition
pursuant to 28 U.S.C. § 636(b)(1)(B). On September 21, 2018, Judge Tinsley
submitted his Proposed Findings and Recommendation [ECF No. 11] (“PF&R”),
recommending the court dismiss the plaintiff’s Complaint [ECF No. 2] 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
[ECF No. 1]. No objections to Judge Tinsley’s PF&R have been filed.
Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. The
court DISMISSES the plaintiff’s Complaint [ECF No. 2] and DENIES as moot 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 United States Magistrate Judge.
ENTER:

October 16, 2018