Wilson v. United States et al
Filing
232
MEMORANDUM OPINION AND ORDER accepting and incorporating the 231 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 198 MOTION for Summary Judgment; granting the 201 , 203 , and 205 MOTIONS for Summary Judgment of Wexford, Beegle, and the DCR defendants; granting the dismissal of defendant Candy Davis, who was never properly served with process; dismissing the 3 Complaint and its amendments, with prejudice; and removing this case from the docket of the Court. Signed by Judge Robert C. Chambers on 1/26/2021. (cc: counsel of record; any unrepresented parties) (jsa)
Case 3:18-cv-00890 Document 232 Filed 01/26/21 Page 1 of 2 PageID #: 3223
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
TAMMY SHERRELL WILSON,
Plaintiff,
v.
CIVIL ACTION NO. 3:18-0890
WEXFORD MEDICAL and ADMINISTRATION/STAFF
AT FAULT, (1990 through present);
WARDEN LORI NOHE;
J. D. SALLAZ;
SUSAN BIRDSONG;
CORRECTIONAL OFFICER CHERYL SPENCER;
NATHAN BALL;
BETSY JIVIDEN;
CANDY DAVIS,
C. J. RIDER; and
HEIDI BEEGLE, R.N.,
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 recommendations 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 deny the Summary Judgment Motion filed by Wilson (ECF No. 198);
grant the Summary Judgment Motions of Wexford, Beegle, and the DCR defendants (ECF Nos.
201, 203, 205); grant the dismissal of defendant Candy Davis, who was never properly served with
process; dismiss the amended complaint, with prejudice, and remove this case from the docket of
the Court. Neither party has filed objections to the Magistrate Judge’s findings and
recommendations.
Case 3:18-cv-00890 Document 232 Filed 01/26/21 Page 2 of 2 PageID #: 3224
Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and DENIES the Summary Judgment Motion filed by Wilson (ECF No.
198); GRANTS the Summary Judgment Motions of Wexford, Beegle, and the DCR defendants
(ECF Nos. 201, 203, 205); GRANTS the dismissal of defendant Candy Davis, who was never
properly served with process; DISMISSES the amended complaint, with prejudice, and
REMOVES this case from the docket of the Court, consistent with the findings and
recommendations.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.
ENTER:
January 26, 2021
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?