Cruse v. Talbot et al

Filing 37

MEMORANDUM OPINION AND ORDER accepting and incorporating the 34 Proposed Findings and Recommendation by Magistrate Judge; denying without prejudice the 24 MOTION by John Miller, John Talbot to Dismiss for Insufficiency and Service of Process and QUASHING the service of the summonses which were improperly served on John Talbot and Josh Miller, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 3/18/2016. (cc: attys; any unrepresented parties) (mkw)

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

WENDELL CRUSE,
Plaintiff,
v.

CIVIL ACTION NO. 3:15-3872

JOHN TALBOT, Cabell County
Deputy Sheriff, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Dwane L. Tinsley, 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, without prejudice, the defendants’ Motion to
Dismiss for Insufficiency and Service of Process (ECF No. 24) and quash the service of the
summonses which were improperly served on John Talbot and John Miller. 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 DENIES, without prejudice, the defendants’ Motion to Dismiss for
Insufficiency and Service of Process (ECF No. 24) and QUASHES the service of the summonses
which were improperly served on John Talbot and John Miller, 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-

March 18, 2016