Spradlin v. Rodes et al

Filing 41

MEMORANDUM OPINION AND ORDER accepting and incorporating the 39 Proposed Findings and Recommendations by Magistrate Judge Eifert; GRANTING the 22 Motion to Dismiss Larry Crawford; DENYING Plaintiff's 28 Motion to Not Dismiss; DISMISSING the complaint against Larry Crawford, and REMOVING him as a defendant in this case. Signed by Judge Robert C. Chambers on 6/13/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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

JACOB SPRADLIN,
Plaintiff,
v.

CIVIL ACTION NO. 3:16-6986

ADMINISTRATOR LARRY CRAWFORD
of the West Virginia Regional Jail;
DAVID RODES; and
STEVEN BOLAND,
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 the Motion to Dismiss Larry Crawford (ECF No. 22); deny
Spradlin’s Motion to Not Dismiss (ECF No. 28); dismiss the complaint against Larry Crawford,
and remove him as a defendant in this case. 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 GRANTS the Motion to Dismiss Larry Crawford (ECF No. 22);
DENIES Spradlin’s Motion to Not Dismiss (ECF No. 28); DISMISSES the complaint against
Larry Crawford, and REMOVES him as a defendant in this case, 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:

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June 13, 2017