Davis v. Jividen et al

Filing 43

MEMORANDUM OPINION AND ORDER accepting and incorporating the 40 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; GRANTING Defendant Brewer's 19 MOTION to Dismiss; GRANTING Defendant Nurse Regina Bryant's 23 MOTION to Dismiss, or in the Alternative, Motion for Summary Judgment; GRANTING Defendant Keefe Group's 25 MOTION to Dismiss; and GRANTING in part and DENYING in part Defendants Aldridge, Davis, Diamond, Fleming, and Jividen's 21 MOTION to Dismiss, as specified in the Proposed Findings and Recommendations. Signed by Judge Robert C. Chambers on 11/18/2022. (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 ANDRED CLINTON DAVIS, JR., Plaintiff, v. CIVIL ACTION NO. 3:22-0150 BETSY JIVIDEN, CARL ALDRIDGE, PAUL DIAMOND, CHRISTOPHER FLEMING, KEEFE LLC, SGT. BREWER, NURSE REGINA LNU, Medical, and LT. DAVIS, Defendants. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Omar J. Aboulhosn, 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 this Court grant Defendant Brewer’s Motion to Dismiss (ECF No. 19), grant Defendant Nurse Regina Bryant’s Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (ECF No. 23), grant Defendant Keefe Group’s Motion to Dismiss (ECF No. 25), and grant in part and deny in part Defendants Aldridge, Davis, Diamond, Fleming, and Jividen’s Motion to Dismiss (ECF No. 21). No objections to the Magistrate Judge’s findings and recommendation have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and, consistent with the findings and recommendation, GRANTS Defendant Brewer’s Motion to Dismiss (ECF No. 19), GRANTS Defendant Nurse Regina Bryant’s Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (ECF No. 23), GRANTS Defendant Keefe Group’s Motion to Dismiss (ECF No. 25), and GRANTS in part and DENIES in part Defendants Aldridge, Davis, Diamond, Fleming, and Jividen’s Motion to Dismiss (ECF No. 21), as specified in the Proposed Findings and Recommendation. 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 18, 2022 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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