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)
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
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