Wenmoth v. Duncan et al, No. 3:2008cv00182 - Document 51 (N.D.W. Va. 2009)

Court Description: OPINION/REPORT AND RECOMMENDATION re 1 Complaint, filed by Andrew D. Wenmoth and 35 Motion for Summary Judgment filed by Ovid Wesley Duncan, Jr., Kenny Aikens, Larry McBride. The recommendation is that 35 be granted in part and 1 be denied an d dismissed with prejudice. Objections to R&R due by 12/2/2009. Signed by Magistrate Judge John S Kaull on 11/16/2009. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 11/17/2009: # 1 certified mail receipt) (tlg).