Norris v. West Virginia Department of Corrections

Filing 10

MEMORANDUM OPINION AND ORDER. The Court adopts the findings and recommendation of Magistrate Judge Eifert, denies plaintiff's 2 Application to Proceed without Prepayment of Fees or Costs and dismisses plaintiff's complaint with prejudice as moot. Signed by Judge Robert C. Chambers on 4/19/2011. (cc: attys; any unrepresented party) (gan)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

DAVID DANIEL NORRIS, II,
Plaintiff,
v.

CIVIL ACTION NO. 3:08-1163

WEST VIRGINIA DIVISION OF CORRECTIONS,
Defendant.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable [Maurice G. Taylor, Jr./ Mary E. Stanley/ 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 with prejudice as moot and deny Plaintiff’s Application to Proceed Without Prepayment
of Fees or Costs, pursuant to 28 U.S.C. §1915(e)(2)(B). Neither 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 with prejudice as moot and DENIES
Plaintiff’s Application to Proceed Without Prepayment of Fees or Costs pursuant to 28 U.S.C.
§1915(e)(2)(B) 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:

April 19, 2011

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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