Sullivan v. King et al

Filing 31

MEMORANDUM OPINION AND ORDER accepting and incorporating the 30 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting in part and denying in part Defendant PrimeCare Medical's 15 Motion to Dismiss Complaint and Altern ative Motion for Summary Judgment; granting in part and denying in part Defendants Western Regional Jail and Timothy King's 17 Motion to Dismiss; and removing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 1/31/2018. (cc: counsel of record; any unrepresented parties) (jsa)

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

CHARLES SULLIVAN,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-2347

TIMOTHY KING, et al.,
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 in part and deny in part Defendant PrimeCare Medical’s
Motion to Dismiss Complaint and Alternative Motion for Summary Judgment (ECF No. 15), grant
in part and deny in part Defendants Western Regional Jail and Timothy King’s Motions to Dismiss
(ECF No. 17), 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 Court GRANTS in part and DENIES in part Defendant PrimeCare
Medical’s Motion to Dismiss Complaint and Alternative Motion for Summary Judgment (ECF
No. 15), GRANTS in part and DENIES in part Defendants Western Regional Jail and Timothy

King’s Motions to Dismiss (ECF No. 17), 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:

January 31, 2018

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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