Skaggs v. Western Regional Jail et al

Filing 77

MEMORANDUM OPINION AND ORDER accepting and incorporating the 71 Proposed Findings and Recommendation of Magistrate Judge Eifert; granting defendants W.V. Department of Corrections, W.V. Regional Jail Authority, Western Regional Jail's 14 M OTION to Dismiss Complaint; granting Defendant Michael Clark's 16 MOTION to Dismiss Complaint to the extent that Plaintiff has asserted claims against Clark in his official capacity and denying as to any claims asserted against Clark in his personal capacity; dismissing, with prejudice, Plaintiff's complaint against the Western Regional Jail, the West Virginia Regional Jail & Correctional Facility Authority, and the West Virginia Department of Corrections, but continue to pend agai nst Defendant Michael Clark; removing the Western Regional Jail, the West Virginia Regional Jail & Correctional Facility Authority, and the West Virginia Department of Corrections as defendants from the style of this civil action, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 1/8/2014. (cc: attys; any unrepresented parties) (mkw)

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

SHELBY DEAN SKAGGS,
Plaintiff,
v.

CIVIL ACTION NO. 3:13-3293

WESTERN REGIONAL JAIL;
WEST VIRGINIA REGIONAL JAIL AUTHORITY;
WEST VIRGINIA DEPARTMENT OF CORRECTIONS;
and MICHAEL CLARK, Administrator,
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 Motion to Dismiss on behalf of Defendants the Western Regional Jail, the
West Virginia Regional Jail & Correctional Facility Authority, and the West Virginia Department
of Corrections (ECF No. 14) be granted; the Motion to Dismiss of Defendant Michael Clark (ECF
No. 16) be granted to the extent that Plaintiff has asserted claims against Clark in his official
capacity and be denied as to any claims asserted against Clark in his personal capacity; Plaintiff’s
complaint be dismissed, with prejudice, against the Western Regional Jail, the West Virginia
Regional Jail & Correctional Facility Authority, and the West Virginia Department of Corrections,
but continue to pend against Defendant Michael Clark; and the Western Regional Jail, the West
Virginia Regional Jail & Correctional Facility Authority, and the West Virginia Department of

Correctional be removed as defendants from the style of this civil action. Neither party has filed
objections to the Magistrate Judge=s findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and ORDERS that the Motion to Dismiss on behalf of Defendants the
Western Regional Jail, the West Virginia Regional Jail & Correctional Facility Authority, and the
West Virginia Department of Corrections (ECF No. 14) be GRANTED; the Motion to Dismiss of
Defendant Michael Clark (ECF No. 16) be GRANTED to the extent that Plaintiff has asserted
claims against Clark in his official capacity and be DENIED as to any claims asserted against
Clark in his personal capacity; Plaintiff’s complaint be DISMISSED, with prejudice, against the
Western Regional Jail, the West Virginia Regional Jail & Correctional Facility Authority, and the
West Virginia Department of Corrections, but continue to pend against Defendant Michael Clark;
and the Western Regional Jail, the West Virginia Regional Jail & Correctional Facility Authority,
and the West Virginia Department of Correctional be REMOVED as defendants from the style of
this civil action, 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 8, 2014