Ross v. Rakes

Filing 19

MEMORANDUM OPINION AND ORDER accepting and incorporating the 18 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Plaintiff's 1 Complaint be dismissed for lack of subject matter jurisdiction; Plaintiff's p ending 13 Motions be denied as moot; Defendant's 10 counterclaims 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 11/26/2018. (cc: counsel of record; any unrepresented parties) (jsa)

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

EMANUEL ROSS individually and
on behalf of DR, minor child,
Plaintiff,
v.

CIVIL ACTION NO. 3:18-0537

DANIELLE RAKES,
Defendant.

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 Complaint be dismissed for lack of subject matter jurisdiction;
Plaintiff’s pending motions be denied, as moot; Defendant’s counterclaims be dismissed for failure
to state a claim, and this action be removed from the docket of the Court. 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 ORDERS that Plaintiff’s Complaint be DISMISSED for lack of
subject matter jurisdiction; Plaintiff’s pending motions be DENIED, as moot; Defendant’s
counterclaims 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 26, 2018

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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