Cochran v. Ballard, 2:17-cv-04312. (2018)
Court: District Court, S.D. West Virginia
Number: infdco20181228b41
Visitors: 4
Filed: Dec. 27, 2018
Latest Update: Dec. 27, 2018
Summary: ORDER JOSEPH R. GOODWIN , District Judge . This action was referred to United States Magistrate Judge Cheryl A. Eifert for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). On November 9, 2018, Magistrate Judge Eifert submitted her Proposed Findings of Fact and Recommendation [ECF No. 31] ("PF&R"), recommending that the court deny in part and grant in part the Defendants' Motion for Judgment on the Pleadings [ECF
Summary: ORDER JOSEPH R. GOODWIN , District Judge . This action was referred to United States Magistrate Judge Cheryl A. Eifert for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). On November 9, 2018, Magistrate Judge Eifert submitted her Proposed Findings of Fact and Recommendation [ECF No. 31] ("PF&R"), recommending that the court deny in part and grant in part the Defendants' Motion for Judgment on the Pleadings [ECF N..
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ORDER
JOSEPH R. GOODWIN, District Judge.
This action was referred to United States Magistrate Judge Cheryl A. Eifert for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On November 9, 2018, Magistrate Judge Eifert submitted her Proposed Findings of Fact and Recommendation [ECF No. 31] ("PF&R"), recommending that the court deny in part and grant in part the Defendants' Motion for Judgment on the Pleadings [ECF No. 23]. Seeing no objections, this court adopted the PF&R in its entirety. On December 3, 2018, the plaintiff filed a letter with the court explaining that he never received service of the PF&R and asking for an additional objection period. Finding good cause, the court vacated the order [ECF No. 32] and granted an additional objection period. The second period has expired, and no objections to the PF&R have been filed.
Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. For the reasons stated therein, the court GRANTS in part and DENIES in part the Defendants' Motion for Judgment on the Pleadings [ECF No. 23]. The court DENIES the Motion as to the plaintiff's claims for equitable relief and GRANTS the motion as to the plaintiff's claims for monetary damages.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record, any unrepresented party, and the Magistrate Judge.
Source: Leagle
