Full title: RICKY B. CAMPBELL, Plaintiff, v. BECKLEY POLICE DEPARTMENT, et al.…
Court: United States District Court, S.D. West Virginia, Beckley Division
Date published: Apr 6, 2009
Facts
On August 25, 2006, Plaintiff, acting pro se, filed an action against Defendants, Beckley Police Department; Billy Cole, chief of police; Beckley police officers, Grant Montgomery, William Reynolds, Chuck Smith, Tim Sweeny, and Stanly Sweeny; the City of Beckley; Emmett Pugh, Mayor of Beckley; and Doe Defendants one through fifty. Plaintiff filed his action under 42 U.S.C. § 1983, alleging violations of his Fourth Amendment right to privacy, the West Virginia Wiretapping and Electronic Surveillance Act, W. Va. Code § 62-1D-1 et seq., and the federal Omnibus Crime Control and Safe Streets Act, as amended by the Electronic Communications Privacy Act, 18 U.S.C. § 2520, as well as a state claim for invasion of privacy. The plaintiff alleges that one or more of the defendants placed a “transmitter” under a dresser in his bedroom while searching for his residence on December 10, 2004.
Issue
Decision
Accordingly, the Court does not find any portions of the order to be clearly erroneous or contrary to law. The magistrate judge’s order [Docket 327] denying Plaintiff’s motion for extension of discovery cutoff is therefore AFFIRMED.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Memorandum Opinion and Order to counsel of record, Plaintiff, pro se, and Magistrate Judge Stanley.
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