Keeney v. Cabell County Prosecuting Attorneys Office

Filing 5

ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS The Court accepts and incorporates herein the re: 4 Proposed Findings and Recommendations by Magistrate Judge; that Plaintiff's Complaint be Dismissed, without prejudice; Plaintiff's 1 Application to Proceed without Prepayment of Fees or Costs be Denied; and this case be removed from the Court's docket, consistent with the findings and recommendation Signed by Judge Robert C. Chambers on 9/21/2012. (cc: attys; any unrepresented party) (skm)

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

JAMES KEENEY,
Plaintiff,
v.

CIVIL ACTION NO. 3:12-1922

CABELL COUNTY PROSECUTING ATTORNEY’S
OFFICE; WESTERN REGIONAL JAIL AUTHORITY;
MIKE CLARK, Administrator, Western Regional Jail;
CABEL COUNTY SHERIFF’S DEPARTMENT,
Defendants.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Cheryl A. Eifert, 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 Plaintiff’s Complaint be dismissed, without prejudice; Plaintiff’s Application
to Proceed Without Prepayment of Fees and Costs be denied; and this case be removed 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 ORDERS that Plaintiff’s Complaint be DISMISSED, without
prejudice; Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs be DENIED;
and this case be removed 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 21, 2012

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE