Petersen v. Trybus et al, No. 5:2007cv00053 - Document 61 (N.D.W. Va. 2009)

Court Description: MEMORANDUM AND OPINION and ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATIONS re 56 Report and Recommendations for 47 Motion to Dismiss, or in the alternative for summary judgment filed by Kovcek, Et al ; and Granting 47 Motion to Dismiss, Etc. Clerk directed to enter Judgment pursuant to FRCP 58. (copy to Pltff. by cert. mail with copy of Judgment) Signed by Senior Judge Frederick P Stamp, Jr on 9/10/2009. (soa) (Additional attachment(s) added on 9/10/2009: # 1 Certified Mail Receipt) (soa).