Washington v Mount Olive Correctional Complex

Filing 13

MEMORANDUM OPINION AND ORDER Adopting 12 Findings and Recommendations, and granting respondent's motion to dismiss and dismissing this action consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 12/15/2009. (cc: attys; any unrepresented party) (dcm)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JAMES DAVID WASHINGTON, JR., Petitioner, v. MOUNT OLIVE CORRECTIONAL COMPLEX, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Maurice G. Taylor, Jr., 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 Respondent's Motion to Dismiss be granted and this action be dismissed with prejudice. Neither party has filed objections to the Magistrate Judge's findings and CIVIL ACTION NO. 3:08-1043

recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and GRANTS Respondent's motion to dismiss and DISMISSES this action with prejudice, 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: December 15, 2009

ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE