Woods v. Western Regional Jail

Full title: CHARLES LEE WOODS, JR., Plaintiff, v. WESTERN REGIONAL JAIL, Defendant

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

Date published: Mar 2, 2011

CIVIL ACTION NO. 3:08-0317 (S.D.W. Va. Mar. 2, 2011)

Opinion

CIVIL ACTION NO. 3:08-0317.

March 2, 2011

MEMORANDUM OPINION AND ORDER

ROBERT CHAMBERS, District Judge

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 Plaintiff's complaint be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii) and that Plaintiff's application to proceed without prepayment of fees or costs be denied pursuant to 28 U.S.C. § 1915(e)(2)(B). Neither party has filed objections to the Magistrate Judge's findings and recommendation.

Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DISMISSES without prejudice Plaintiff's complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii) and DENIES Plaintiff's application to proceed without prepayment of fees or costs pursuant to 28 U.S.C. § 1915(e)(2)(B), consistent with the findings and recommendation.

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

ENTER: March 2, 2011