Smith v. City of Huntington et al

Filing 13

MEMORANDUM OPINION AND ORDER accepting and incorporating the 10 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Plaintiff's 1 Application to Proceed Without Prepayment of Fees and Costs be DENIED; Plaintiff& #039;s 2 Complaint and 8 Amended Complaint be DISMISSED for failure to state a claim; and this action be removed from the docket of the Court. Signed by Judge Robert C. Chambers on 11/8/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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

TASHEMA D. SMITH,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-3806

CITY OF HUNTIGNTON,
CABELL COUNTY
STATE OF WEST VIRGINIA,
Cabell County District,
FEDERAL AUTHORITIES,
and any and all entities or departments
associated with them,
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 Plaintiff’s Application to Proceed Without Prepayment of Fees and Costs (ECF
No. 1) be denied; Plaintiff’s complaint and amended complaint (ECF Nos. 2, 8) be dismissed for
failure to state a claim; and this action be removed from the docket of the Court. By Order of
October 20, 2017, the deadline for objections to the proposed findings was stayed until October
31, 2017, to allow Plaintiff to either retain counsel or file objections. Counsel was not retained
and neither party has filed objections to the Magistrate Judge=s findings and recommendations.

Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and ORDERS that Plaintiff’s Application to Proceed Without Prepayment
of Fees and Costs (ECF No. 1) be DENIED; Plaintiff’s complaint and amended complaint (ECF
Nos. 2, 8) be DISMISSED for failure to state a claim; and this action be removed from the docket
of the Court, 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 8, 2017

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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