Phillips, Et al, v. Driver, No. 1:2007cv00102 - Document 49 (N.D.W. Va. 2009)

Court Description: OPINION/REPORT AND RECOMMENDATIONS re 2 Complaint filed by Shawn A. Phillips, 31 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment and Response to Order to Answer on Limited Issue of Exhaustion filed by Joe D. Driv er, Antonellie, Mr., D. Greenwalt, L. Oddo. Objections to R&R due within ten (10) days after being served with a copy of this Opinion/Report and Recommendation. Signed by Magistrate Judge John S Kaull on 8/13/2009.(Copy counsel of record via CM/ECF and pro se plaintiff by certified mail) (jmm) (Additional attachment(s) added on 8/14/2009: # 1 receipt) (jmm). Modified on 8/17/2009 corrected docket text and regenerated NEF (jmm).