Toney v. Coleman

Filing 10

MEMORANDUM OPINION AND ORDER denying 1 Application to Proceed without Prepayment of Fees or Costs filed by Terry Mark Toney, Jr., granting 7 Motion to Dismiss filed by Terry Mark Toney, Jr., and adopting 8 Proposed Findings and Recommendations by Magistrate Judge; this action removed from the docket of the Court. Signed by Judge Robert C. Chambers on 10/5/2010. (cc: attys; any unrepresented party) (dcm)

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Toney v. Coleman Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TERRY MARK TONEY, JR., Plaintiff, v. MIKE COLEMAN, Director of Security, Defendant. 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 deny Plaintiff's Motion to Proceed Without Prepayment of Fees (Doc. #1), grant Plaintiff's Motion to Voluntarily Withdraw Complaint (Doc. #7), dismiss Plaintiff's Complaint (Doc. #2) without prejudice and remove this matter from the Court's docket. 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 DENIES Plaintiff's Motion to Proceed Without Prepayment of Fees (Doc. #1), GRANTS Plaintiff's Motion to Voluntarily Withdraw Complaint (Doc. #7), DISMISSES Plaintiff's Complaint (Doc. #2) without prejudice and REMOVES this matter from the Court's docket, consistent with the findings and recommendation. CIVIL ACTION NO. 3:09-0986 Dockets.Justia.com The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: October 5, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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