Sutherland v. Lt. Greene et al

Filing 8

MEMORANDUM OPINION AND ORDER Adopting 6 Proposed Findings and Recommendation: denying 1 Motion / Application / Petition to Proceed in forma pauperis filed by Timothy R. Sutherland; this matter is removed from the docket of the Court, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 9/20/2010. (cc: attys; any unrepresented party) (dcm)

Sutherland v. Lt. Greene et al

Doc. 8

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TIMOTHY R. SUTHERLAND, Plaintiff, v. LT. GREEN, SGT. FLEMMINGS, CPL.. GREER, Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court dismiss Plaintiff's Complaint (Doc. #2), deny Plaintiff's Application to Proceed in Forma Pauperis and Affidavit (Doc. #1), and remove this matter from the Court's docket. No party has filed objections to the Magistrate Judge's findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DISMISSES Plaintiff's Complaint (Doc. #2), DENIES Plaintiff's Application to Proceed in Forma Pauperis and Affidavit (Doc. #1), and REMOVES this matter from the Court's docket, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: September 20, 2010 CIVIL ACTION NO. 3:06-1042

ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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