Everett v. Francis et al, No. 5:2007cv00135 - Document 23 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER Affirming And Adopting Mag Judge's re 18 Report and Recommendation As To The Pla's FTCA Claim And Claims Against Dfts Mace And Anderson, And Allowing The Pla To Pursue His Claim For Injunctive Relief Against D fts Francis, Rappold, Lambright And Boram. Pla's claim under the FTCA as to all dfts is DISMISSED WITHOUT PUEJUDICE. Signed by Senior Judge Frederick P Stamp, Jr on 9/16/09. (c to Judge, MJ JES, USM w/complaint, summons, pla by certified mail)(mji) (Additional attachment(s) added on 9/16/2009: # 1 certified mail receipt) (mji).