Vance v. Central Regional Jail et al, No. 3:2009cv00040 - Document 34 (N.D.W. Va. 2009)

Court Description: OPINION/REPORT AND RECOMMENDATION: re 24 First MOTION to Dismiss filed by Segiman, 1 Complaint filed by Joseph Allen Vance, Jr. Objections to R&R due by 11/18/2009. Recommendation: The defendants Motion to Dismiss, or in the Alternative, for Su mmary Judgment 24 be GRANTED to the extent that it seeks the dismissal of the plaintiffs claims for the failure to exhaust. Consequently, it is further recommended that the plaintiffs Complaint 1 be DISMISSED without prejudice from the active docket of this Court. Signed by Magistrate Judge John S Kaull on 11/2/2009. Copy to pro se Plaintiff by certified mail, return receipt.(cmd) (Additional attachment(s) added on 11/3/2009: # 1 Certified Mail Return Receipt) (cmd).

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