Rackley v. Western Regional Jail Authority et al

Filing 47

MEMORANDUM OPINION AND ORDER accepting and incorporating the 46 Proposed Findings and Recommendations by Magistrate Judge Eifert; granting Plaintiff's oral request for a voluntary dismissal under Fed. R. Civ. P. 41(a)(2); denying Defendants� 39; 24 Motion to Dismiss as moot; dismissing the complaint pursuant to Fed. R. Civ. P. 41(a)(2); and removing this civil action from the docket of the Court. Signed by Judge Robert C. Chambers on 9/6/2018. (cc: counsel of record; any unrepresented parties) (jsa)

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

SHAWN MICHAEL RACKLEY,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-4209

WEST VIRGINIA REGIONAL JAIL AND
CORRECTIONAL FACILITY AUTHORITY;
LIEUTENANT MORRISON;
C. O. SPAULDING;
C. O. AKERS;
C. O. STAPLETON; and
C. O. THACKER,
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 Court grant Plaintiff’s oral request for a voluntary dismissal under Fed. R.
Civ. P. 41(a)(2); deny Defendants’ Motion to Dismiss (ECF No. 24), as moot; dismiss the
complaint pursuant to Fed. R. Civ. P. 41(a)(2); and remove this civil action from the docket of the
Court. No 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 Plaintiff’s oral request for a voluntary dismissal under Fed.
R. Civ. P. 41(a)(2); DENIES Defendants’ Motion to Dismiss (ECF No. 24), as moot;

DISMISSES the complaint pursuant to Fed. R. Civ. P. 41(a)(2); and REMOVES this civil action
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:

September 6, 2018

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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