Rutan v. State Board of Risk and Insurance Management
| Terry Rutan |
| State Board of Risk and Insurance Management, Jim Rubenstein, WVA Division of Corrections, William Vest, Gary Webb, Frazier, Toler, Leggett, Aliff, Butler and Petry |
| 5:2015cv09264 |
| July 2, 2015 |
| US District Court for the Southern District of West Virginia |
| Beckley Office |
| Raleigh |
| Irene C. Berger |
| R. Clarke VanDervort |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
11
MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 10 Proposed Findings and Recommendation, and ORDERS as follows: that the 3 Motion to Dismiss on Behalf of the Defendants the West Virginia Division of Corrections, Jim Rubenstein, William Vest, Gary Webb, Melinda Frazier, MaryBeth Toler, Irisca Leggett, Danny Aliff, Anthony Butler, and Christopher Petry Specifically Appearing, in Part be GRANT ED; that this action, as to the Defendant, the State Board of Risk and Insurance Management, be DISMISSED without prejudice due to the Plaintiffs failure to obtained service upon said Defendant within 120 days after filing of the Complaint, and the P laintiffs failure, after notice, to demonstrated good cause why service of process was not made as required by Rule 4(m) of the Federal Rules of Civil Procedure; that the Plaintiffs 1 Complaint be DISMISSED as to all parties; and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 02/22/2016. (cc: USMJ Aboulhosn; attys; any unrepresented party) (msa)
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