Graening v. Wexford Health Sources, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD TYLER HOWARD GRAENING Plaintiff, v. CIVIL ACTION NO. 1:20-00400 WEXFORD HEALTH SERVICES, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the court is the motion of defendant West Virginia Department of Corrections (“WVDOC”) to dismiss under Federal Rule of Civil Procedure 12(b)(5) for lack of proper service of process. (ECF No. 15.) For the reasons that follow, the court will construe this as a motion to quash the service of summons and grant the motion as so construed. I. Background…