McNemar v. Plumley, No. 1:2015cv00237 - Document 34 (N.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION 26 , GRANTING RESPONDENTS MOTION TO DISMISS [DKT. NO. 20], AND DENYING CERTIFICATE OF APPEALABILITY. The Court ADOPTS the R&R 26 , GRANTS Plumleys motion to dismiss 20 , and DENIES a nd DISMISSES the Petition WITH PREJUDICE 1 . The Court concludes that McNemar has failed to make the requisite showing, and DENIES a certificate of appealability. The Court DIRECTS the Clerk to enter a separate judgment order, and to remove this case from the Courts active docket. Signed by District Judge Irene M. Keeley on 3/24/17. (Attachments: # 1 Certified Mail Return Receipt)(jss)