Wilson v. Graham et al, No. 1:2008cv00202 - Document 39 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING-IN-PART AND REJECTING-IN-PART THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION as to 33 Report and Recommendations DISMISSES WITHOUT PREJUDICE defendants Stasny, Hyre, George, Mussi, Higgans and Fincham,DISMISSE S WITH PREJUDICE Wilsons defamation of character claim, REJECTS the recommendation to dismiss Defendant Smith,; GRANTS as to 36 Wilson's Motion to Supplement his objection; GRANTS-IN-PART and DENIES-IN-PART as to 19 Defendant's Motion t o Dismiss; DENIES as to 31 Defendant's Motion to Strike. REFERS the matter to Magistrate Judge Joel for further proceedings consistent with this Order. Signed by District Judge Irene M Keeley on 7/7/2009. (Copy counsel of record via CM/ECF, pro se plaintiff by certified mail)(jmm) (Additional attachment(s) added on 7/7/2009: # 1 receipt) (jmm).