Cruse v. Blackburn et al

Filing 82

MEMORANDUM OPINION AND ORDER accepting and incorporating the 78 Proposed Findings and Recommendation by Magistrate Judge Aboulhosn; granting Defendants Blackburn and Matovich's 49 Motion for Summary Judgment and removing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 2/7/2018. (cc: counsel of record; any unrepresented parties) (jsa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION WENDELL LEONARD CRUSE, Plaintiff, v. CIVIL ACTION NO. 3:17-0485 ERNIE BLACKBURN, Sgt. Huntington W.Va. Police Dept. #125 and PAUL MATOVICH, Cpl. Huntington W.Va. Police Dept. #418, Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Omar J. Aboulhosn, 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 Defendants Blackburn an Matovich’s Motion for Summary Judgment (ECF No. 49) and remove this matter from the Court’s docket. 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 Defendants Blackburn an Matovich’s Motion for Summary Judgment (ECF No. 49) and removes this matter from the Court’s docket, 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: February 7, 2018 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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