Smith v. Western Regional Jail

Filing 27

MEMORANDUM OPINION AND ORDER accepting and incorporating the 19 Proposed Findings and Recommendation of the Magistrate Judge; granting 13 MOTION by Western Regional Jail to Dismiss 2 Complaint and 9 Amended Complaint; dismissing with prejud ice the 2 Complaint and 9 Amended Complaint; removing the Western Regional Jail from the caption of the case; and the remaining parties be permitted to proceed with the development of the case consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 11/13/2017. (cc: attys; any unrepresented parties) (mkw)

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

JAMES ARTHUR SMITH, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-3502

WESTERN REGIONAL JAIL;
CORPORAL DAVIS, FNU,
Western Regional Jail;
CORPORAL DIAMOND, FNU,
Western Regional Jail,
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 the Western Regional Jail be granted (ECF No. 13);
the complaint and amended complaint against the Western Regional Jail be dismissed, with
prejudice (ECF Nos. 2, 9); the Western Regional Jail be removed from the caption of the case; and
the remaining parties be permitted to proceed with the development of the case. This Court’s
Order of October 20, 2017, directing Plaintiff to update his address by October 31, 2017, was sent
to Plaintiff’s state parole officer, Roshana Gray for delivery to Plaintiff. The Court received a
letter from Officer Gray notifying the Court that she was unable to deliver the Order because

Plaintiff has absconded and a warrant has been issued for his arrest. 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 the Motion to Dismiss of the Western Regional Jail be
GRANTED (ECF No. 13); the complaint and amended complaint against the Western Regional
Jail be DISMISSED, with prejudice (ECF Nos. 2, 9); the Western Regional Jail be REMOVED
from the caption of the case; and the remaining parties be permitted to proceed with the
development of the 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:

November 13, 2017

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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