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)

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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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