Opinion
Case No.: 3:13-cv-01706
07-12-2013
CHRISTOPHER CHAFIN, Plaintiff, v. WESTERN REGIONAL JAIL; WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY; MIKE CLARK, former Administrator of the Western Regional Jail; JOE DELONG, Executive Director of the West Virginia Regional Jail and Correctional Facility Authority; OFFICER MATTHEW ADKINS; OFFICER KELLY; OFFICER MANNING; OFFICER PRADMORE; OFFICER SPARKS; OFFICER JOHN DOE#1; OFFICER JOHN DOE #2; OFFICER JOHN DOE #3; SERGEANT FLEMING; NURSE JANE DOE, Defendants.
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Cheryl A. Eifert, 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:
1. The Motion to Dismiss on Behalf of Defendants, West Virginia Regional Jail & Correctional Facility Authority and the Western Regional Jail, (ECF No. 24), be GRANTED;
2. The Supplemental Motion to Dismiss (ECF No. 34) and Second
Supplemental Motion to Dismiss (ECF No. 35) be GRANTED as to the West Virginia Regional Jail & Correctional Facility Authority, the Western Regional Jail, and Joe DeLong, Executive Director the West Virginia Regional Jail & Correctional Facility Authority, and be DENIED as to the remaining defendants;
3. Plaintiff's complaint be DISMISSED, with prejudice, against the West Virginia Regional Jail & Correctional Facility Authority, the Western Regional Jail, and Joe DeLong, but continue to pend against the remaining defendants; and
4. The West Virginia Regional Jail & Correctional Facility Authority, the Western Regional Jail, and Joe DeLong, Executive Director the West Virginia Regional Jail & Correctional Facility Authority be removed as defendants from the style of this civil action.
Neither party has filed objections to the Magistrate Judge's findings and recommendations.
Accordingly, consistent with the findings and recommendations the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and ORDERS as follows:
1. The Motion to Dismiss on Behalf of Defendants, West Virginia Regional Jail & Correctional Facility Authority and the Western Regional Jail, (ECF No. 24), be GRANTED;
2. The Supplemental Motion to Dismiss (ECF No. 34) and Second Supplemental Motion to Dismiss (ECF No. 35) be GRANTED as to the West Virginia Regional Jail & Correctional Facility Authority, the Western Regional Jail, and Joe DeLong, Executive Director the West Virginia Regional Jail & Correctional Facility Authority, and be DENIED as to the remaining defendants;
3. Plaintiff's complaint be DISMISSED, with prejudice, against the West Virginia Regional Jail & Correctional Facility Authority, the Western Regional Jail, and Joe DeLong, but continue to pend against the remaining defendants; and
4. The West Virginia Regional Jail & Correctional Facility Authority, the Western Regional Jail, and Joe DeLong, Executive Director the West Virginia Regional Jail & Correctional Facility Authority be removed as defendants from the style of this civil action.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.
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ROBERT C. CHAMBERS, CHIEF JUDGE