Bailey v. Maruka

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD ADRIAN BAILEY, Plaintiff, v. CIVIL ACTION NO. 1:21-00424 C. MARUKA, Defendant. MEMORANDUM OPINION AND ORDER By Judgment Order dated January 25, 2023, the court accepted the Proposed Findings and Recommendation of the magistrate judge and dismissed plaintiff’s complaint(s) with prejudice for failure to prosecute. See ECF No. 40. Almost eight months later, on September 12, 2023, plaintiff filed a motion asking “to have this matter put in front of a judge to reopen and proceed.” See ECF No. 42. According…