Holbrook v. WVRJA et al

Filing 30

MEMORANDUM OPINION AND ORDER accepting and incorporating the 29 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Defendant Trinity Services Group, Inc's 11 Motion to Dismiss; dismissing the complaint against Trinity , without prejudice; granting Defendant West Virginia Regional Jail & Correctional Facility Authority's 25 Motion to Dismiss; dismissing the complaint against the Jail Authority, with prejudice; and removing this matter from the docket of the Court. Signed by Judge Robert C. Chambers on 1/4/2017. (cc: counsel of record; any unrepresented parties) (jsa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
SHANE STEPHEN HOLBROOK,
Plaintiff,
v.

Case No.: 3:16-cv-03705

WEST VIRGINIA REGIONAL JAIL &
CORRECTIONAL FACILITY AUTHORITY;1
and TRINITY SERVICES GROUP, INC.2
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 grant Trinity’s Motion to Dismiss (ECF No. 11); dismiss the
complaint against Trinity, without prejudice; grant the Jail Authority’s Motion to Dismiss (ECF
No. 25); dismiss the complaint against the Jail Authority, with prejudice, and remove this matter
from the docket of the Court. Neither party has filed objections to the Magistrate Judge=s findings
and recommendations.

1

Identified in Holbrook’s complaint as West Virginia Regional Jail Authority or WVRJA. (ECF No. 2.)

Identified in Holbrook’s complaint as Trinity Food Service. (ECF No. 2.) Trinity noted in its Motion to
Dismiss that it is properly identified as Trinity Services Group, Inc. (ECF No. 11.)
2

1

Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and GRANTS Trinity’s Motion to Dismiss (ECF No. 11); DISMISSES
the complaint against Trinity, without prejudice; GRANTS the Jail Authority’s Motion to
Dismiss (ECF No. 25); DISMISSES the complaint against the Jail Authority, with prejudice, and
REMOVES this matter 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: January 4, 2017

2