United States of America et al v. Ferguson et al

Filing 15

MEMORANDUM OPINION AND ORDER accepting and incorporating the 14 findings and recommendation of the Magistrate Judge; DENYING 4 MOTION by Phillip Johnson to Compel; GRANTING 10 MOTION by United States of America to Dismiss; DISMISSING this civil action, with prejudice, and REMOVING from the docket of this Court. Signed by Judge Robert C. Chambers on 3/29/2017. (cc: attys; any unrepresented parties) (mkw)

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

UNITED STATES, ex rel.
PHILLIP JOHNSON,
Plaintiff,
v.

CIVIL ACTION NO. 3:16-8838

ALFRED E. FERGUSON
JOHN “JACK” LAISHLEY,
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 Relator’s Motion to Compel (ECF No. 4) be denied; the United States of
America’s Motion to Dismiss (ECF No. 10) be granted; and that this civil action be dismissed,
with prejudice, and removed from the docket of this 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 Relator’s Motion to Compel (ECF No. 4) be DENIED;
the United States of America’s Motion to Dismiss (ECF No. 10) be GRANTED; and that this civil
action be DISMISSED, with prejudice, and REMOVED from the docket of this 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:

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March 29, 2017