Langley v. Huntington WV Police Dept (HPD) (Arresting Officer) et al

Filing 149

MEMORANDUM OPINION AND ORDER accepting and incorporating the 144 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; GRANTING Defendants PrimeCare Medical, Inc., Nurse Jalayna Leonburg, and Jennifer Hatfield's 64 Motion to D ismiss Amended Complaint and Alternative Motionfor Summary Judgment; DENYING as moot Defendants PrimeCare Medical, Inc. andNurse Jalayna Leonburg's 29 Motion to Dismiss Complaint and Alternative Motion for Summary Judgment; DENYING Plaintiff&# 039;s 76 Motion for Summary Judgment; GRANTING Defendant West Virginia Department of Corrections' 91 Motion to Dismiss; DENYING as moot Defendant David Ballard's 92 Motion to Dismiss for Failure to Serve; DENYING Defendants Dr. Charles Lye, Donna Warden, Wexford Health Services Inc.'s 95 Motion to Dismiss; and REFERRING this matter back to the Magistrate Judge. 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

JAMES ALBERT LANGLEY,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-3520

HUNTINGTON POLICE DEPT., 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 Defendants PrimeCare Medical, Inc., Nurse Jalayna
Leonburg, and Jennifer Hatfield’s Motion to Dismiss Amended Complaint and Alternative Motion
for Summary Judgment (ECF No. 64), deny as moot Defendants PrimeCare Medical, Inc. and
Nurse Jalayna Leonburg’s Motion to Dismiss Complaint and Alternative Motion for Summary
Judgment (ECF No. 29), deny Plaintiff’s Motion for Summary Judgment (ECF No. 76), grant
Defendant West Virginia Department of Corrections’ Motion to Dismiss (ECF No. 91), deny as
moot Defendant David Ballard’s Motion to Dismiss for Failure to Serve (ECF No. 92), deny
Defendants Dr. Charles Lye, Donna Warden, Wexford Health Services Inc.’s Motion to Dismiss
(ECF No. 95), and refer this matter back to Magistrate Judge. 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 PrimeCare Medical, Inc., Nurse Jalayna
Leonburg, and Jennifer Hatfield’s Motion to Dismiss Amended Complaint and Alternative Motion
for Summary Judgment (ECF No. 64), DENIES as moot Defendants PrimeCare Medical, Inc. and
Nurse Jalayna Leonburg’s Motion to Dismiss Complaint and Alternative Motion for Summary
Judgment (ECF No. 29), DENIES Plaintiff’s Motion for Summary Judgment (ECF No. 76),
GRANTS Defendant West Virginia Department of Corrections’ Motion to Dismiss (ECF No. 91),
DENIES as moot Defendant David Ballard’s Motion to Dismiss for Failure to Serve (ECF No.
92), DENIES Defendants Dr. Charles Lye, Donna Warden, Wexford Health Services Inc.’s
Motion to Dismiss (ECF No. 95), and REFERS this matter back to Magistrate Judge, 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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