Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

EDWARD R. JONES, Plaintiff, v. JOHN L. BOARD, Taylor County Prosecuting Attorney, MICHAEL D. KOCHKA, Police Officer, Grafton City Police, EDWIN DELGADO, Taylor County Sheriffs Dept., ROBERT BELTNER, Police Chief, Grafton City Police Dept., DARLE SETTLER, Jr., self-employed business owner, ROBERT HILL, C.A. PRICE, Correction Officer, TVRJ, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

IRENE KEELEY, District Judge

On April 26, 2007, the pro se plaintiff, Edward R. Jones ("Jones"), filed a complaint pursuant to 42 U.S.C. § 1983. The case was referred to United States Magistrate Judge James E. Seibert for review.

On July 22, 2008, Magistrate Judge Seibert issued a Report and Recommendation ("R R") that recommended that this Court dismiss all claims against John L. Board ("Board"), Michael D. Kochka ("Kochka"), Edwin Delgado ("Delgado"), Robert Beltner ("Beltner"), Darle Settler, Jr. ("Settler"), and Robert Hill ("Hill") with prejudice and allow Jones's claims against C.A. Price ("Price") to proceed. On July 29, 2008, Jones filed objections to the R R.

This Court reviews objections de novo but may adopt any part of the R R to which Jones does not object without substantive review. Wells v. Shriners Hosp., 109 F.3d 198, 199-200 (4th Cir. 1997).

Upon de novo review, the Court finds that Magistrate Judge Seibert correctly applied the applicable legal standard of Heck v. Humphrey, 512 U.S. 477 (1994), when he determined that Jones's claims against Board, Kochka, Delgado, Beltner, Settler, and Hill were frivolous. Magistrate Judge Seibert also properly applied the applicable legal standard of Bell v. Wolfish, 441 U.S. 520 (1979), when he determined that Jones's claims against Price should proceed.

Consequently, this Court ADOPTS the R R (dkt no. 13) and DISMISSES all claims against Board, Kochka, Delgado, Beltner, Settler, and Hill WITH PREJUDICE. The Court ORDERS that Price be SERVED with a copy of the summons and complaint through the United States Marshall Service and REFERS this case back to Magistrate Judge Seibert for an R R on the merits.

The Clerk is directed to mail a copy of this Order to the pro se plaintiff, the defendant and all appropriate agencies.

Use AI to get other relevant cases.

Comments

JONES v. BOARD
(Aug 1, 2008)