Smith v. Western Regional Jail et al
| Steven Allen Smith |
| Western Regional Jail and Steve Adkins |
| 3:2016cv12736 |
| February 6, 2017 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Cabell |
| Robert C. Chambers |
| Cheryl A. Eifert |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
52
MEMORANDUM OPINION AND ORDER adopting the 48 Proposed Findings and Recommendations by Magistrate Judge Eifert; dismissing without prejudice Plaintiff's 5 Amended Complaint; granting Defendant's 42 Motion for Summary Judgment insofar as the Plaintiff has not yet exhausted all administrative remedies; and directing that this action be removed from the docket of the Court. Signed by Judge Robert C. Chambers on 9/19/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing
35
MEMORANDUM OPINION AND ORDER accepting and incorporating Magistrate Judge Eifert's 32 Proposed Findings and Recommendation; granting in part and denying in part Defendants' 16 MOTION to Dismiss and 18 AMENDED MOTION to Dismiss 5 A mended Complaint; 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 Ad kins; 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. Signed by Judge Robert C. Chambers on 9/25/2017. (cc: all counsel of record, and any unrepresented parties) (mkw)
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Filing
4
MEMORANDUM OPINION AND ORDER directing the Plaintiff to pay the filing fee of $400 or submit to the Court an amended Application to Proceed Without Prepayment of Fees and Costs, which includes the institutional certification, or an inmate accoun t transaction record; notifying Plaintiff that the failure to pay the fee or submit the application as instructed within thirty (30) days of the date of this Order shall result in a recommendation that the complaint be dismissed; further directing th e Plaintiff to amend the complaint as more fully set forth herein; notifying Plaintiff that a failure to amend the complaint as ordered may result in a recommendation that the complaint be dismissed for failure to state a claim cognizable under 42 U.S.C. § 1983 and/or for failure to prosecute under Fed. R. Civ. P. 41 and L. R. Civ. P. 41.1. Signed by Magistrate Judge Cheryl A. Eifert on 1/3/2017. (cc: Plaintiff) (jsa)
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