Jeffrey v. Moody

Filing 16

ORDER adopting Judge Eifert's 14 PROPOSED FINDINGS AND RECOMMENDATION as to all issues; the 2 Complaint is dismissed without prejudice. Signed by Judge Joseph R. Goodwin on 6/18/2014. (cc: attys; any unrepresented party) (tmh)

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

DAVID DALE JEFFREY,
Plaintiff,
v.

CIVIL ACTION NO. 6:13-cv-22196

DETECTIVE D. A. MOODY, et al.,
Defendants.

ORDER
Now before the court are the plaintiff’s pro se Complaint [Docket 2] and Application to
Proceed without Prepayment of Fees and Costs [Docket 1]. On February 13, 2014, Magistrate
Judge Eifert recommended that this action be dismissed without prejudice for failure to state a
claim upon which relief can be granted. (See Proposed Findings & Recommendations (“PF&R”)
[Docket 14], at 1, 11). No objects to the PF&R were filed; therefore, I must only determine that
there is no clear error on the face of the record. See Fed. R. Civ. P. 72; Diamond v. Colonial Life
& Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). Having reviewed the record, I FIND no
clear error and hereby ADOPT Judge Eifert’s PF&R as to all issues. The Complaint is hereby
DISMISSED without prejudice.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

June 18, 2014