Cleveland v. Department of Corrections et al

Filing 50

MEMORANDUM OPINION AND ORDER directing that the findings made in the 29 Proposed Findings and Recommendation of the magistrate judge are adopted by the court and incorporated herein; accordingly, Defendants West Virginia Division of Corrections an d Rehabilitation ("Department of Corrections"), Mount Olive Correctional Complex, and Administrative Segregation Committee are DISMISSED from this action. Signed by Senior Judge John T. Copenhaver, Jr. on 10/1/2021. (cc: counsel of record, any unrepresented party, and the United States Magistrate Judge) (msa)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
HASON CLEVELAND,
Plaintiff,
v.

Civil Action No. 2:19-cv-00736

DEPARTMENT OF CORRECTIONS;
MOUNT OLIVE CORRECTIONAL
COMPLEX; DONALD AMES,
superintendent; BRENDA WARD;
CHERYL CHANDLER; ADMINISTRATIVE
SEGREGATION COMMITTEE; JOHN. C.
YOUNG, investigator; and
SHERRILL SNYDER,
Defendants.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L.
Tinsley, entered on May 5, 2021 (ECF No. 29); and the magistrate
judge having recommended that the court dismiss defendants West
Virginia Division of Corrections and Rehabilitation, Mount Olive
Correctional Complex, and Administrative Segregation Committee
from this civil action because they are not persons suable under
42 U.S.C. § 1983; 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. 29) be, and they hereby are, adopted
by the court and incorporated herein.
Accordingly, it is further ORDERED that Defendants
West Virginia Division of Corrections and Rehabilitation
(“Department of Corrections”), Mount Olive Correctional Complex,
and Administrative Segregation Committee are DISMISSED from this
action.
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

October 1, 2021