Skundor v. Gandee

Full title: DAVID SKUNDOR, Plaintiff, v. BEVERLY GANDEE, et al., Defendants

Court: United States District Court, S.D. West Virginia, Beckley Division

Date published: Mar 11, 2004

CIVIL ACTION NO. 5:02-0499 (S.D.W. Va. Mar. 11, 2004)

Opinion

CIVIL ACTION NO. 5:02-0499.

March 11, 2004

JUDGMENT ORDER

CHARLES HADEN, Chief Judge, District

Pending are Defendants' motion for summary judgment, Plaintiff's motion to enforce the Eighth Amendment, Plaintiff's motion to strike the Declaration of Dr. Richard Slade, and Plaintiff's motion for leave to supplement the record. This action was previously referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, who has submitted his Proposed Findings and Recommendation pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). Plaintiff has objected.

Following a de novo review, the Court concludes the Findings and Recommendation are correct. Accordingly, the Court adopts and incorporates herein the Findings and Recommendations. Defendants' motion for summary judgment is GRANTED, Plaintiff's motion to enforce the Eighth Amendment is DENIED, Plaintiff's motion to strike the Declaration of Dr. Richard Slade is DENIED, and Plaintiff's motion for leave to supplement the record is GRANTED.

The Clerk is directed to send a copy of this Judgment Order to counsel of record and any unrepresented parties.