McClary v. Western Regional Jail et al

Filing 139

MEMORANDUM OPINION AND ORDER accepting and incorporating the 138 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Defendants' 130 MOTION for Summary Judgment be GRANTED; the 22 and 36 Amended Complaints b e DISMISSED against Defendants Blevins, Stokely, and Franklin, with prejudice; the amended complaints be DISMISSED against Defendant Cook pursuant to Fed.R. Civ P. 4(m); and this case be REMOVED from the docket of the Court. Signed by Judge Robert C. Chambers on 4/14/2022. (cc: counsel of record; any unrepresented parties) (jsa)

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

BOB WILLIAM MCCLARY, JR.,
Plaintiff,
v.

CIVIL ACTION NO. 3:20-0425

APRIL FRANKLIN, Sgt.,
EDWARD STOKLEY, Correctional Officer,
TIMMY BLEVINS, Sgt.,
LPN COOK (Female, First Name Unknown),
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 Defendants’ Motion for Summary Judgment (ECF No. 130) be granted; the
amended complaints (ECF Nos. 22, 36) be dismissed against Defendants Blevins, Stokely, and
Franklin, with prejudice; the amended complaints be dismissed against Defendant Cook pursuant
to Fed. R. Civ P. 4(m); and this case be removed from the docket of the Court. No objections to the
Magistrate Judge’s findings and recommendations have been filed.
Accordingly, the Court accepts and incorporates herein the findings and recommendations
of the Magistrate Judge and ORDERS that Defendants’ Motion for Summary Judgment (ECF No.
130) be GRANTED; the amended complaints (ECF Nos. 22, 36) be DISMISSED against
Defendants Blevins, Stokely, and Franklin, with prejudice; the amended complaints be

DISMISSED against Defendant Cook pursuant to Fed. R. Civ P. 4(m); and this case 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:

April 14, 2022

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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