Shamblin v. West Virginia Regional Jail Authority et al

Filing 35

MEMORANDUM OPINION AND ORDER accepting and incorporating the 33 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Defendants' 32 Motion to Designate Their Motion to Dismiss as Unopposed and to Dismiss Plaintiff 's Complaint for Failure to Prosecute be GRANTED; Defendants' 16 Motion to Dismiss the Complaint be DENIED, as moot; the complaint be DISMISSED, without prejudice, pursuant to Federal Rule of Civil Procedure 41(b) and L. R. Civ. P. 41.1; and this action be REMOVED 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

ROBERT SHAMBLIN,
Plaintiff,
v.

CIVIL ACTION NO. 3:18-0243

WEST VIRGINIA REGIONAL JAIL AUTHORITY;
CORRECTIONAL OFFICER MORRISON;
CORRECTIONAL OFFICER YORK; and
CORRECTIONAL OFFICER HORNER,
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 Defendants’ Motion to Designate Their Motion to Dismiss as Unopposed and
to Dismiss Plaintiff’s Complaint for Failure to Prosecute (ECF No. 32), be granted; Defendants’
Motion to Dismiss the Complaint (ECF No. 16) be denied, as moot; the complaint be dismissed,
without prejudice, pursuant to Federal Rule of Civil Procedure 41(b) and L. R. Civ. P. 41.1; and
this action be removed from the docket of the Court. No party has filed objections to the Magistrate
Judge=s findings and recommendations.1

1

The Proposed Findings and Recommendation was mailed to Plaintiff on August 15, 2018,
and returned to the Clerk’s Office on August 20, 2018, marked undeliverable. Plaintiff has not
provided a current mailing address.

Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and ORDERS that Defendants’ Motion to Designate Their Motion to
Dismiss as Unopposed and to Dismiss Plaintiff’s Complaint for Failure to Prosecute (ECF No.
32), be GRANTED; Defendants’ Motion to Dismiss the Complaint (ECF No. 16) be DENIED,
as moot; the complaint be DISMISSED, without prejudice, pursuant to Federal Rule of Civil
Procedure 41(b) and L. R. Civ. P. 41.1; 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:

September 6, 2018

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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