Silvious v. Midland Credit Management Inc. et al, No. 5:2007cv00145 - Document 111 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, GRANTING DEFENDANT AFNI, INC.'S MOTION FOR SUMMARY JUDGMENT, DENYING AS MOOT PLAINTIFF'S MOTION FOR CONTINUANCE AND GRANTING DEFENDANT AFNI, INC.'S MOTION TO STRIKE "PLAINTIFF'S ADDITIONAL REPLY TO DEFENDANT AFNI, INC.'S MOTION FOR SUMMARY JUDGMENT." The magistrate judge's 106 Report and Recommendation is AFFIRMED and ADOPTED in its entirety. Accordingly, defendant AFNI, Inc.'s 77 Motion for Summary Judgment is GRANTED, the plaintiff's 89 Motion for Continuance is DENIED AS MOOT, and defendant AFNI, Inc.'s 96 Motion to Strike "Plaintiffs Additional Reply to Defendant AFNI, In c., Motion for Summary Judgment" is GRANTED. 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 8/3/2009. (Copy to pro se plaintiff (via certified mail/rrr), counsel) (kac) (Additional attachment(s) added on 8/3/2009: # 1 Certified Mail Receipt) (kac).

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