Cruse v. Romans et al

Filing 60

MEMORANDUM OPINION AND ORDER accepting and incorporating the 59 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Plaintiff's 50 Motion to Amend the 17 Second Amended Complaint be denied; Defendants' 47 Motion for Summary Judgment be granted; and this action be dismissed, with prejudice, and removed from the docket of the Court. Signed by Judge Robert C. Chambers on 1/20/2017. (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 WENDELL CRUSE, Plaintiff, v. CIVIL ACTION NO. 3:15-2282 MELISSA ROMANS, Fiscal Manager, Western Regional Jail, JANE STEPP, Counselor, Western Regional Jail, JOHN CRAWFORD, Administrator, Western Regional Jail, 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 Motion to Amend the Complaint be denied; Defendants’ Motion for Summary Judgment be granted; and this action be dismissed, with prejudice, and removed from the docket of the Court. 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 Plaintiff’s Motion to Amend the Complaint be DENIED; Defendants’ Motion for Summary Judgment be GRANTED; and this action be DISMISSED, with prejudice, and REMOVED from 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: -2- January 20, 2017

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