Eplion v. Farmer et al

Filing 6

MEMORANDUM OPINION AND ORDER accepting and incorporating the 4 Proposed Findings and Recommendations by Magistrate Judge Eifert; denying Plaintiff's 1 Application to Proceed without Prepayment of Fees or Costs as moot; dismissing the 2 Complaint; and removing this matter from the docket of the Court. Signed by Judge Robert C. Chambers on 8/27/2018. (cc: counsel of record; any unrepresented parties) (jsa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION RANDALL EPLION, Plaintiff, v. CIVIL ACTION NO. 3:18-0978 SR. TRP. A. T. FARMER; WESTERN REGIONAL JAIL; ELBERT DAVIS (Inmate), 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 Plaintiff’s Application to Proceed in forma pauperis, as moot; dismiss the complaint; and remove this matter 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 DENIES Plaintiff’s Application to Proceed in forma pauperis, as moot; DISMISSES the complaint; and REMOVES this matter 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: August 27, 2018 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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