Cook v. Mildred Mitchell Bateman Hospital et al
Filing
102
MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 95 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that that Plaintiff's request to dismiss Defendants Franz and Richards, without prejudice, be G RANTED; the 63 and 65 Motions to Dismiss of Franz and Richards be DENIED; Defendants Franz and Richards be DISMISSED, without prejudice, and removed from the style of the case; and the case shall remain pending against the other defendants until further order of the Court. Signed by Judge Robert C. Chambers on 2/27/2017. (cc: counsel of record; any unrepresented parties) (jsa)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
JEFFERY T. COOK,
Plaintiff,
v.
CIVIL ACTION NO. 3:15-2172
MILDRED MITCHELL-BATEMAN
HOSPITAL,
MR. TOM SULLIVAN;
CRAIG RICHARDS; and
MS. PAT FRANZ,1
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 request to dismiss Defendants Franz and Richards, without prejudice,
be granted (ECF No. 91); the Motions to Dismiss of Franz and Richards be denied (ECF No. 63,
65); Defendants Franz and Richards be dismissed, without prejudice, and removed from the style
of the case; and the case shall remain pending against the other defendants until further order of
the Court.
Neither party has filed objections to the Magistrate Judge=s findings and
recommendations.
1
The style of the case has been amended to reflect the correctly spelled names of
Defendants Richards and Franz.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and ORDERS that Plaintiff’s request to dismiss Defendants Franz and
Richards, without prejudice, be GRANTED (ECF No. 91); the Motions to Dismiss of Franz and
Richards be DENIED (ECF No. 63, 65); Defendants Franz and Richards be DISMISSED,
without prejudice, and removed from the style of the case; and the case shall remain pending
against the other defendants until further order 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:
-2-
February 27, 2017
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