Gaskins v. Martin et al

Filing 79

MEMORANDUM OPINION AND ORDER The findings made in the 65 Proposed Findings and Recommendation of the magistrate judge are adopted by the court and incorporated herein. Accordingly, it is further ORDERED that: The motions to dismiss of defendants Wood County, Joe Kuhl, Special Agent Sean McNees, and the United States of America (ECF Nos. 30, 33, 40, 60) are GRANTED. Defendant Edelen's motion to dismiss (ECF No. 46) is GRANTED to the extent it seeks to dismiss the Parkersburg Narcotic s Task Force & SWAT Team and is otherwise DENIED. Defendants Wood County, Joe Kuhl, Special Agent Sean McNees, and the United States of America are DISMISSED from this action. To the extent plaintiff intended to include the Parkersburg Narcotics T ask Force and SWAT team as defendants, those entities are DISMISSED from this action. Plaintiff Gaskins and defendants Sgt. P.M. Edelen and John Doe #3 be are permitted to conduct discovery on the claims that remain. Defendant Joe Kuhl's Motion for Case Dismissal (ECF No. 77) is DENIED AS MOOT. Signed by Senior Judge John T. Copenhaver, Jr. on 10/5/2021. (cc: counsel of record; any unrepresented party; United States Magistrate Judge Eifert) (mk)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
OLIN MATICE GASKINS,
Plaintiff,
v.

Civil Action No. 2:19-CV-00472

WOOD COUNTY; MAGISTRATE JOE
KUHL, Wood County Magistrate;
SGT. P.M. EDELEN, Parkersburg
Narcotics Task Force and SWAT
Team; SPECIAL AGENT SEAN MCNEES,
ATF agent; JOHN DOE #3, DEA
agent; and UNITED STATES OF
AMERICA,
Defendants.
MEMORANDUM OPINION AND ORDER
The court received the Proposed Findings and
Recommendation of United States Magistrate Judge Cheryl A.
Eifert, entered on August 24, 2021 (ECF No. 65).

The magistrate

judge recommended the following: (1) that the motions to dismiss
of defendants Wood County, Joe Kuhl, Special Agent Sean McNees,
and the United States of America (ECF Nos. 30, 33, 40, 60) be
granted, (2) that defendant Edelen’s motion to dismiss (ECF No.
46) be denied in part and granted in part, (3) that defendants
Wood County, Joe Kuhl, Special Agent Sean McNees, and the United
States of America be dismissed and removed from this style of
this case; (4) that, to the extent plaintiff intended to include

the Parkersburg Narcotics Task Force and SWAT team as
defendants, those entities be dismissed and removed from the
case; and (5)

that plaintiff and the remaining defendants, Sgt.

P.M. Edelen and John Doe #3, be permitted to conduct discovery
on the claims that remain.

No objection was filed to the

Proposed Findings and Recommendation.

Accordingly, it is

ORDERED that the findings made in the Proposed Findings and
Recommendation of the magistrate judge (ECF No. 65) be, and they
hereby are, adopted by the court and incorporated herein.
Accordingly, it is further ORDERED that:
1.

The motions to dismiss of defendants Wood County,

Joe Kuhl, Special Agent Sean McNees, and the United States of
America (ECF Nos. 30, 33, 40, 60) be, and hereby are, GRANTED.
2.

Defendant Edelen’s motion to dismiss (ECF No. 46)

be, and hereby is, GRANTED to the extent it seeks to dismiss the
Parkersburg Narcotics Task Force & SWAT Team and is otherwise
DENIED.
3. Defendants Wood County, Joe Kuhl, Special Agent
Sean McNees, and the United States of America be, and hereby
are, DISMISSED from this action.

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4. To the extent plaintiff intended to include the
Parkersburg Narcotics Task Force and SWAT team as defendants,
those entities be, and hereby are, DISMISSED from this action.
5. Plaintiff Gaskins and defendants Sgt. P.M. Edelen
and John Doe #3 be, and hereby are, permitted to conduct
discovery on the claims that remain.
6. Defendant Joe Kuhl’s Motion for Case Dismissal (ECF
No. 77) be, and hereby is, DENIED AS MOOT.
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:

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October 5, 2021