Sellers v. Anderson et al
| West Virginia Northern District Court | |
| Case #: | 2:18-cv-00001 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 28:1331 Federal Question: Bivens Act |
| Case Filed: | Jan 09, 2018 |
Defendant
Eddie Anderson
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Defendant
Johann Lehmann
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Defendant
Ruthie Carson
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Plaintiff
Frederick Sellers
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GPO
May 26 2020
REPORT AND RECOMMENDATIONS : This Court RECOMMENDS that the Complaint [ECFNo. 1] be DISMISSED WITH PREJUDICE applying the principle of res judicata. In the alternative, the undersigned RECOMMENDS that the Plaintiffs complaint as to defendants Anderson and Carlson be DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies, and as to defendant Lehmann be DISMISSED WITHPREJUDICE for failure to state a claim upon which relief may be granted. The Plaintiff shall have fourteen days from the date of entry of this Report andRecommendation within which to file with the Clerk of this Court, specific writtenobjections. (copy pspl by cmrr) Signed by Magistrate Judge James P. Mazzone on 5/26/20. (jss) (Additional attachment(s) added on 5/26/2020: # (1) Certified Mail Return Receipt) (jss). |
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GPO
Oct 28 2020
ORDER adopting Report and Recommendations: The Report and Recommendation [Doc. 47 is ORDERED ADOPTED for the reasons more fully stated in the magistrate judges report. Accordingly, this Court further ORDERS that plaintiffs Complaint [Doc. 1 be DENIED and DISMISSED WITH PREJUDICE. Signed by District Judge John Preston Bailey on 10/28/20. (Attachments: # (1) Certified Mail Return Receipt)(jss) |