Smith v. W. Reg'l Jail Med.

Full title: STEVEN ALLEN SMITH, Plaintiff, v. WESTERN REGIONAL JAIL MEDICAL…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION

Date published: Sep 25, 2017

CIVIL ACTION NO. 3:16-12736 (S.D.W. Va. Sep. 25, 2017)

Opinion

CIVIL ACTION NO. 3:16-12736

09-25-2017

STEVEN ALLEN SMITH, Plaintiff, v. WESTERN REGIONAL JAIL MEDICAL; CORRECTIONAL OFFICER STEVE ADKINS, Defendants.

ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE

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 Motion and Amended Motion to Dismiss of the defendants (ECF Nos. 16 and 18) be granted, in part, and denied, in part. Specifically, the motions be granted in favor of the Western Regional Jail; that the Western Regional Jail be dismissed, with prejudice, and removed from the style of the case; that the motions be denied with respect to Defendant Adkins; and that the remaining parties be permitted to conduct further discovery on the claims against Adkins. Plaintiff has filed a discovery request but neither 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 ORDERS that the Motion and Amended Motion to Dismiss of the defendants (ECF Nos. 16 and 18) be GRANTED, in part, and denied, in part. Specifically, the motions be GRANTED in favor of the Western Regional Jail; that the Western Regional Jail be DISMISSED, with prejudice, and removed from the style of the case; that the motions be DENIED with respect to Defendant Adkins; and that the remaining parties be permitted to conduct further discovery on the claims against Adkins, consistent with the findings and recommendations. The remaining claims will continue to be referred to the Magistrate Judge for proposed 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 25, 2017

/s/_________

ROBERT C. CHAMBERS

UNITED STATES DISTRICT JUDGE