McGurgan v. Harman et al

Filing 7

MEMORANDUM OPINION AND ORDER directing that the findings made in the 6 Proposed Findings and Recommendation of the Magistrate Judge are adopted by the court and incorporated herein; the plaintiff's 2 Letter-Form Motion for the court to prov ide for legal writing materials without restriction is denied; this matter is referred to the Magistrate Judge for further proceedings. Signed by Senior Judge John T. Copenhaver, Jr. on 2/26/2021. (cc: pro se plaintiff; all counsel of record; any other unrepresented party; United States Magistrate Judge) (btm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
WILLIAM MCGURGAN,
Plaintiff,
v.

Civil Action No. 2:20-cv-00173

LESLE HARMAN,
SYDNE BREEDON,
BRITNEY BREEDON,
SYDNE KUHN,
LEAANN BESS, and
WARDEN OF SOUTH CENTRAL
REGIONAL JAIL, All in their
individual capacity,
Defendants.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Dwane L. Tinsley,
entered on January 29, 2021 (ECF No. 6); and the Magistrate
Judge having recommended that the court deny the plaintiff’s pro
se letter-form motion for the court to provide for legal writing
materials without restriction, 1 filed by the Clerk on March 9,
2020 (ECF No. 2), and leave this matter referred to the
Magistrate Judge for further proceedings; and no objection

1

The Magistrate Judge construed the motion as a request for a
preliminary injunction and recommends denying it on the ground
that the plaintiff has not met the standard for obtaining
preliminary relief. See ECF No. 6.

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.
It is, accordingly, ORDERED that the plaintiff’s
letter-form motion for the court to provide for legal writing
materials without restriction (ECF No. 2) be, and hereby it is,
denied.
It is further ORDERED that this matter is referred to
the Magistrate Judge for further proceedings.
The Clerk is directed to transmit copies of this
memorandum opinion and order to the pro se plaintiff, all
counsel of record, any other unrepresented party, and the United
States Magistrate Judge.
ENTER: February 26, 2021

2