Vaughn v. Garza, et al, No. 5:2007cv00017 - Document 90 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: This Court hereby AFFIRMS and ADOPTS the 88 Report and Recommendation of the Magistrate Judge in its entirety. Accordingly, defendants' 77 Mo tion to Dismiss, or in the alternative, Motion for Summary Judgment is GRANTED and the plaintiff's 11 Complaint is DISMISSED WITH PREJUDICE. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr. on 6/4/2009. (Copy to counsel, pro se plaintiff (via certified mail/rrr)) (kac) Modified on 6/5/2009 to correct signature date - NEF Regenerated (kac).