Rackleyv.W. Va. Reg'l Jail & Corr. Facility Auth.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISIONSep 6, 2018
CIVIL ACTION NO. 3:17-4209 (S.D.W. Va. Sep. 6, 2018)

CIVIL ACTION NO. 3:17-4209

09-06-2018

SHAWN MICHAEL RACKLEY, Plaintiff, v. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY; LIEUTENANT MORRISON; C. O. SPAULDING; C. O. AKERS; C. O. STAPLETON; and C. O. THACKER, 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 the Court grant Plaintiff's oral request for a voluntary dismissal under Fed. R. Civ. P. 41(a)(2); deny Defendants' Motion to Dismiss (ECF No. 24), as moot; dismiss the complaint pursuant to Fed. R. Civ. P. 41(a)(2); and remove this civil action from the docket of the Court. No party has filed objections to the Magistrate Judge's findings and recommendations.

Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and GRANTS Plaintiff's oral request for a voluntary dismissal under Fed. R. Civ. P. 41(a)(2); DENIES Defendants' Motion to Dismiss (ECF No. 24), as moot; DISMISSES the complaint pursuant to Fed. R. Civ. P. 41(a)(2); and REMOVES this civil action from the docket of the Court, consistent with the findings and recommendations.

The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.

ENTER: September 6, 2018

/s/_________

ROBERT C. CHAMBERS

UNITED STATES DISTRICT JUDGE