Billups v. Western Regional Jail et al

Filing 35

MEMORANDUM OPINION AND ORDER accepting and incorporating the 34 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; dismissing Plaintiff's 2 Complaint and 7 Amended Complaint without prejudice; denying as moot Defendants C arr and Nurse Suzie's 16 Motion to Dismiss Amended Complaint and Alternative Motion for Summary Judgment, Defendant Western Regional Jail's 21 Motion to Dismiss, and Defendant Baldera's 28 Motion to Dismiss Amended Complaint and Alternative Motion for Summary Judgment; and removing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 6/15/2018. (cc: counsel of record; any unrepresented parties) (jsa)

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

MICHAEL SHAWN BILLUPS,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-3788

WESTERN REGIONAL JAIL, 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 dismiss Plaintiff’s Complaints (ECF Nos. 2 and 7) without
prejudice, deny as moot Defendants Carr and Nurse Suzie’s “Motion to Dismiss Amended
Complaint and Alternative Motion for Summary Judgment” (ECF No. 16), Defendant Western
Regional Jail’s “Motion to Dismiss” (ECF No. 21) and Defendant Baldera’s “Motion to Dismiss
Amended Complaint and Alternative Motion for Summary Judgment” (ECF No. 28), 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 DISMISSES Plaintiff’s Complaints (ECF Nos. 2 and 7) without
prejudice, DENY as moot Defendants Carr and Nurse Suzie’s “Motion to Dismiss Amended

Complaint and Alternative Motion for Summary Judgment” (ECF No. 16), Defendant Western
Regional Jail’s “Motion to Dismiss” (ECF No. 21) and Defendant Baldera’s “Motion to Dismiss
Amended Complaint and Alternative Motion for Summary Judgment” (ECF No. 28), 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:

June 15, 2018

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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