Templeton et al v. Casto et al

Filing 14

MEMORANDUM OPINION AND ORDER accepting and incorporating the 12 Proposed Findings and Recommendation of the Magistrate Judge; denying Plaintiff James E. Templton's 4 APPLICATION to Proceed without Prepayment of Fees and Costs, 3 LETTER-FO RM MOTION for direction from the Court and Plaintiffs' 8 MOTION for Leave to File an Amended Complaint to substitute Larry Crawford as a defendant in place of Ronald Casto; dismissing the 1 Complaint with prejudice and removing this matter from the docket of this Court. Signed by Judge Robert C. Chambers on 9/26/2013. (cc: attys; any unrepresented parties) (mkw)

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

JAMES E. TEMPLETON,
JOSHUA K. DEEL,
JAMES WESLEY CASH,
MATTHEW JAMES HOSKINSON, and
JAMES SCOTT ADKINS,,
Plaintiffs,
v.

CIVIL ACTION NO. 3:13-6442

RONALD B. CASTO, Director of
the Western Regional Jail,
MISTY BENNETT, Prime Care Medical
Inc., BRADLEY BYRD, Aramark
Food Service Director,
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 deny the application of Plaintiff, James E. Templeton, to proceed in
forma paupers (ECF No. 4), deny his letter motion for direction from the Court (ECF No. 3), deny
Plaintiffs’ Motion to Amend the Complaint to substitute Larry Crawford as a defendant in place of
Ronald Casto (ECF No. 8), dismiss the complaint, with prejudice (ECF No. 1), and remove this
matter from the docket of this Court. No 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 DENIES the application of Plaintiff, James E. Templeton, to proceed
in forma paupers (ECF No. 4), DENIES his letter motion for direction from the Court (ECF No.
3), DENIES Plaintiffs’ Motion to Amend the Complaint to substitute Larry Crawford as a
defendant in place of Ronald Casto (ECF No. 8), DISMISSES the complaint, with prejudice (ECF
No. 1), and removes this matter from the docket of this 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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September 26, 2013