Chafin v. Western Regional Jail et al

Filing 117

MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and Grants Defendants' Motion to Dismiss 104 ; grants motion of Nurse Destiny Ward to Dismiss Second Amended Complain t 106 ; grants Defendants Michael Clark and Christopher Carter's Motion to Dismiss 108 ; Denies the Motion of Nurse Destiny Ward to Dismiss (Second) Amended Complaint and Alternative Motion for Summary Judgment 92 as moot; Dismisses the second amended complaint; and Removes this action for the docket of the Court consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 1/16/2015. (cc: attys; any unrepresented party) (skm)

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

CHRISTOPHER CHAFIN,
Plaintiff,
v.

CIVIL ACTION NO. 3:13-1706

MIKE CLARK, former Administrator of the
Western Regional Jail;
OFFICER MATTHEW ADKINS;
OFFICER KELLY; OFFICER BARBARA MANNON;
OFFICER SPARKS; OFFICER CHAUNCEY MAYNARD;
OFFICER BLANKENSHIP; OFFICER CHRIS CARTER;
SERGEANT FLEMING; NURSE DESTINY WARD,
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 the Court GRANT Defendants’ Motion to Dismiss Pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure (ECF NO. 104); GRANT Motion of Nurse Destiny Ward to
Dismiss (Second) Amended Complaint Pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure (ECF No. 106); GRANT Defendants Michael Clark and Christopher Carter’s Motion to
Dismiss (ECF No. 108); DENY the Motion of Nurse Destiny Ward to Dismiss (Second) Amended
Complaint and Alternative Motion for Summary Judgment (ECF No. 92), as moot; DISMISS the
second amended complaint pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule of

Civil Procedure 41.1; and REMOVE this action for the docket of the Court. Neither party has
filed objections to the Magistrate Judge=s findings and recommendations. The Court notes that
the Proposed Findings and Recommendations was mailed to the only known address for Plaintiff
and was returned as undeliverable, as were several earlier mailings in this case.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and GRANTS Defendants’ Motion to Dismiss Pursuant to Rule 41(b) of
the Federal Rules of Civil Procedure (ECF NO. 104); GRANTS Motion of Nurse Destiny Ward to
Dismiss (Second) Amended Complaint Pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure (ECF No. 106); GRANTS Defendants Michael Clark and Christopher Carter’s Motion
to Dismiss (ECF No. 108); DENIES the Motion of Nurse Destiny Ward to Dismiss (Second)
Amended Complaint and Alternative Motion for Summary Judgment (ECF No. 92), as moot;
DISMISSES the second amended complaint pursuant to Federal Rule of Civil Procedure 41(b)
and Local Rule of Civil Procedure 41.1; and REMOVES this action for the docket of the Court,
consistent with the findings and recommendations.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.

ENTER:

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January 16, 2015