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GREGG SMITH, Plaintiff, v. MOUNT OLIVE CORRECTIONAL CENTER, JAMES RUBENSTEIN, Commissioner, West Virginia Di

John T. Copenhaver

MEMORANDUM OPINION AND ORDER

This action was previously referred to Mary E. Stanley, United States Magistrate Judge, who has submitted her Proposed Findings and Recommendation ("PF&R") pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B).

The court has reviewed the PF&R entered by the magistrate judge on December 3, 2012. The magistrate judge recommends that the court (1) dismiss without prejudice all defendants who are employed at the North Central Regional Jail, the West Virginia Regional Jail Authority, Aramark and Primecare Medical, as the claims against these defendants are subject to suit in the United States District Court for the Northern District of West Virginia, and (2) dismiss all of the plaintiff's remaining claims for declaratory and injunctive relief as moot, in light of the plaintiff's transfer to another correctional facility, including the plaintiff's Motions for Temporary Restraining Order and Injunction and the plaintiff's Motion to Return All Legal Files and Materials.

The plaintiff has not objected to the recommended disposition. Following a de novo review, it is, accordingly, ORDERED as follows:

1. That the PF&R be, and it hereby is, adopted by the court and incorporated herein;
2. That all defendants who are employed at the North Central Regional Jail, the West Virginia Regional Jail Authority, Aramark and Primecare Medical, be, and they hereby are, dismissed without prejudice;
3. That plaintiff's remaining claims for declaratory and injunctive relief be, and they hereby are, denied as moot, along with plaintiff's Motions for Temporary Restraining Order and Injunction and the plaintiff's Motion to Return All Legal Files and Materials;
4. That the filing fee be, and it hereby is, waived; and
5. That this action be, and it hereby is, stricken from the docket.





The Clerk is directed to forward copies of this written opinion and order to the pro se plaintiff, all counsel of record, and the United States Magistrate Judge.

______________________


John T. Copenhaver, Jr.


United States District Judge


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Smith v. Mount Olive Corr. Ctr.
(Jan 2, 2013)