Mays v. Aldridge et al

Filing 35

MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 34 Proposed Findings and Recommendation by Magistrate Judge Tinsley; GRANTING Defendants' 27 MOTION to Dismiss; DENYING without prejudice Defendants' alternative 27 MOTION for Summary Judgment; and DISMISSING this civil action under Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure based upon a lack of subject matter jurisdiction or, alternatively, under Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. Signed by Judge Robert C. Chambers on 3/5/2025. (cc: counsel of record; any unrepresented parties) (skm)

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

RANDALL MAYS,
Plaintiff,
v.

CIVIL ACTION NO. 3:24-0445

ADMINISTRATIVE ALDRIDGE, et al.,
Defendants.

MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Dwane L. Tinsley, 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 grant Defendants’ Motion to Dismiss (ECF No. 27-1),
deny without prejudice Defendants’ alternative Motion for Summary Judgment (ECF No. 27-2),
and dismiss this civil action under Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil
Procedure based upon a lack of subject matter jurisdiction or, alternatively, under Rule 41(b) of
the Federal Rules of Civil Procedure for failure to prosecute. 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
Defendants’ Motion to Dismiss (ECF No. 27-1), DENIES without prejudice Defendants’
alternative Motion for Summary Judgment (ECF No. 27-2), and DISMISSES this civil action
under Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure based upon a lack of

subject matter jurisdiction or, alternatively, under Rule 41(b) of the Federal Rules of Civil
Procedure for failure to prosecute.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.

ENTER:

March 5, 2025

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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