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)

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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

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