Wilson v. United States et al

Filing 97

MEMORANDUM OPINION AND ORDER accepting and incorporating the 84 PROPOSED FINDINGS AND RECOMMENDATIONS by Magistrate Judge Eifert; denying Plaintiff's 68 MOTION for Leave to Amend the Complaint to the extent that it seeks the joinder of propo sed defendants Sherry Clatworthy, Paul Stump, Julie Price, Nurse Practitioner Amanda Ford, Dr. Sherri Johnson, and the John Doe and Jane Doe defendants; Plaintiff shall have fourteen days to name the individuals she has designated as Jane Does and John Does. Signed by Judge Robert C. Chambers on 9/11/2019. (cc: counsel of record; any unrepresented parties) (jsa)

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, in her personal capacity;
J.D. SALLAZ, Acting Warden of Lakin Correctional Center,
in his official capacity;
SUSAN BIRDSONG, in both her personal and official capacities;
CORRECTIONAL OFFICER CHERYL SPENCER,
in her personal capacity;
NATHAN BALL, in both his personal and official capacities;
BETSY JIVIDEN, Commissioner of the DCR, in her official capacity,
CANDY DAVIS, Aramark supervisor, in her personal capacity,
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 deny the Motion for Leave to Amend the Complaint to the extent that
it seeks the joinder of proposed defendants Sherry Clatworthy, Paul Stump, Julie Price, Nurse
Practitioner Amanda Ford, Dr. Sherri Johnson, and the John Doe and Jane Doe defendants and
give Plaintiff fourteen days to name the individuals she has designated as Jane Does and John

Does. ECF No. 68. 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 DENIES the Motion for Leave to Amend the Complaint to the extent
that it seeks the joinder of proposed defendants Sherry Clatworthy, Paul Stump, Julie Price, Nurse
Practitioner Amanda Ford, Dr. Sherri Johnson, and the John Doe and Jane Doe defendants.
Plaintiff shall have fourteen days to name the individuals she has designated as Jane Does and
John Does.
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 11, 2019

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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