Ballinger v. Dagher

Ballinger v. Dagher

Plaintiff:	Arthur Ballinger, IV
Defendant:	Dagher
Case Number:	2:2009cv00414
Filed:	April 23, 2009
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	Kanawha
Presiding Judge:
Presiding Judge:	David A. Faber
Presiding Judge:	Mary E. Stanley
Nature of Suit:	None
Cause of Action:	99 U.S.C. § 9999 Report cause code (DO NOT DELETE!)
Jury Demanded By:	None

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Date Filed	Document Text
March 30, 2010	Filing 28 MEMORANDUM OPINION AND ORDER OVERRULING Plaintiff's 27 Objections to the magistrate judge's PF&R; CONFIRMING AND ACCEPTING the 26 PF&R to the extent it concludes that plaintiff's Complaint fails to state a valid Eighth Amendment de liberate indifference claims against defendants, and GRANTS the pending 8 and 9 MOTIONS to dismiss on that basis; in a Judgment Order entered of even date, the court dismisses plaintiff's Complaint with prejudice. Signed by Judge David A. Faber on 3/30/2010. (cc: pro se plaintiff, attys) (mkw)
December 11, 2009	Filing 26 PROPOSED FINDINGS AND RECOMMENDATION (recommending that Dr. Gajendragaakar's 8 MOTION to dismiss Complaint and Dr. Dagher's 9 MOTION to Dismiss Complaint be granted because Plaintiff's complaint fails to state a claim upon which relief may be granted); This case no longer referred to Magistrate Judge Mary E. Stanley. Signed by Magistrate Judge Mary E. Stanley on 12/11/2009. (cc: Plaintiff, attys, Judge Goodwin) (mkw)

Date Filed

Document Text

March 30, 2010

Filing 28 MEMORANDUM OPINION AND ORDER OVERRULING Plaintiff's 27 Objections to the magistrate judge's PF&R; CONFIRMING AND ACCEPTING the 26 PF&R to the extent it concludes that plaintiff's Complaint fails to state a valid Eighth Amendment de liberate indifference claims against defendants, and GRANTS the pending 8 and 9 MOTIONS to dismiss on that basis; in a Judgment Order entered of even date, the court dismisses plaintiff's Complaint with prejudice. Signed by Judge David A. Faber on 3/30/2010. (cc: pro se plaintiff, attys) (mkw)

December 11, 2009

Filing 26 PROPOSED FINDINGS AND RECOMMENDATION (recommending that Dr. Gajendragaakar's 8 MOTION to dismiss Complaint and Dr. Dagher's 9 MOTION to Dismiss Complaint be granted because Plaintiff's complaint fails to state a claim upon which relief may be granted); This case no longer referred to Magistrate Judge Mary E. Stanley. Signed by Magistrate Judge Mary E. Stanley on 12/11/2009. (cc: Plaintiff, attys, Judge Goodwin) (mkw)

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Plaintiff: Arthur Ballinger, IV
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Defendant: Dagher
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