Bender v. United States of America, No. 1:2015cv00096 - Document 18 (N.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, AND DISMISSING PLAINTITT'S COMPLAINT WITH PREJUDICE: It is ORDERED that the Court SUSTAINS Bender's objections to th e portion relating to his motion to proceed in forma pauperis; REJECTS IN PART the R&R insofar as it pertains to Bender's motion to proceed in forma pauperis; GRANTS Bender's 8 motion to proceed in forma pauperis; OVERRULES Bender's objections to the R&R insofar as they relate to his purported FTCA claim; ADOPTS the R&R insofar as it relates to that claim; and DISMISSES WITH PREJUDICE Bender's 1 Complaint and ORDERS that it be STRICKEN from the Court's active docket. The Court DIRECTS the Clerk to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 6/9/17. (Attachments: # 1 Certified Mail Return Receipt)(copy Plaintiff)(cnd)