GILMORE v. BOSTIC

Civil Action No: 2:08-cv-326.

636 F.Supp.2d 496 (2009)

Boyd GILMORE, Plaintiff, v. Rebecca BOSTIC, Kanawha County Adult Probation Department, West Virginia Board of Probation and Parole, Huttonsville Correctional Center Defendants: William Haines, Warden, Teresa Waid, Deputy Warden, Debra Cottrell, Classification Director, Kenneth Akins, Case Manager and Classification Committee Chair, Karen Teter, Records Department, St. Mary's Correctional Center Defendants: William Fox, Warden, Misty Adams, Case Supervisor, Dan Kimble, Original Classification Director, Robert Parker, Unit Manager, Russell Maston, Records Supervisor, Karol Payne, Unit Manager and Later Classification Director, Joyce Bills, Institutional Parole Officer, Mount Olive Correctional Complex Defendants: David Ballard, Warden, Tom Summerrell, Case Supervisor and Classification Committee Chair, Janet Payne, Unit Manager, Lee Harper, Case Manager, Paul Lyttle, Associate Warden of Programs, Dorothy Kerr, Classification Chair, Lori Burford, Records Supervisor, Division of Corrections Defendants: Jim Rubenstein, Commissioner, Steve Yardly, Deputy Commissioner, Charlene Sotak, Inmate Grievance Coordinator, Correctional Medical Services Defendants at Mount Olive: Cheryl Snyder, Administrator of Mental Health, Cristy Flores, MHU, Licensed Social Worker, Tim Carper, MHU, Licensed Social Worker, Correctional Medical Services, also known as CMS Corporation, Custodian of Records for Medical and Mental Health Unit Records, and West Virginia Parole Board, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

March 27, 2009.


Attorney(s) appearing for the Case

Thomas J. Gillooly, Charleston, WV, for Plaintiff.

Teresa J. Lyons, Byrne Hedges & Lyons, Morgantown, WV, for Rebecca Bostic.

Mary Beth Chapman, Pullin Fowler & Flanagan, Beckley, WV, for William Haines, Teresa Waid, Debra Cottrell, Kenneth Akins, Karen Teter, William Fox Warden, Misty Adams, Dan Kimble, Robert Parker, Russell Mastori, Karol Payne, Joyce Bills, David Ballard, Tom Summerrell, Janet Payne, Lee Harper, Paul Lyttle, Dorothy Kerr, Lori Burford, Jim Rubenstein, Steve Yardly, Charlene Sotak, West Virginia Parole Board.

Frank T. Litton, Jr., Litton Law Office, Charleston, WV, for Cheryl Snyder, Cristy Flores MHU, Tim Carper MHU.

Joseph M. Farrell, Jr., Farrell Farrell & Farrell, Huntington, WV, for Correctional Medical Services.


MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

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) on November 7, 2008.

As noted by the magistrate judge in her PF&R, the plaintiff claims that although he pled guilty to and was sentenced for the offense...

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