Webb v. Parsons

Filing 42

MEMORANDUM OPINION AND ORDER Adopting 39 Proposed Findings and Recommendations by Magistrate Judge, granting and denying 35 Motion to Amend Complaint filed by Jonathon Webb; the motion is granted to the extent he seeks to add a demand for a j ury trial and denied to the extent he seeks to add the WV Regional Jail Authority and to assert claims against the WV Regional Jail Authority. Signed by Judge Robert C. Chambers on 5/25/2011. (cc: attys; any unrepresented party, Magistrate Judge Vandervort) (dcm)

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

JONATHON WEBB,
Plaintiff,
v.

CIVIL ACTION NO. 3:09-0795

LARRY PARSONS, et al.,
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 grant Plaintiff’s Motion for Leave to Amend Complaint (Doc. #35) to
the extent he seeks to add a demand for a jury trial, and deny Plaintiff’s Motion for Leave to Amend
Complaint to the extent he seeks (1) to add the West Virginia Regional Jail Authority as a party
defendant and (2) to assert claims against the West Virginia Regional Jail Authority. 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 GRANTS Plaintiff’s Motion for Leave to Amend Complaint (Doc. #35)
to the extent he seeks to add a demand for a jury trial, and DENIES Plaintiff’s Motion for Leave to
Amend Complaint to the extent he seeks (1) to add the West Virginia Regional Jail Authority as a

party defendant and (2) to assert claims against the West Virginia Regional Jail Authority, 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, Magistrate Judge VanDervort, and any unrepresented parties.

ENTER:

May 25, 2011

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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