Spradlin v. Rodes et al

Filing 65

MEMORANDUM OPINION AND ORDER accepting and incorporating the 61 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying the 51 Motion to Dismiss by Defendant Steven Boland as premature. Signed by Judge Robert C. Chambers on 9/25/2017. (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

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 Motion to Dismiss of Defendant Steven Boland (ECF No. 51) be denied as
premature.

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, consistent with the findings and recommendations, DENIES the
Motion to Dismiss of Defendant Steven Boland (ECF No. 51) as premature.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.

ENTER:

September 25, 2017

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE