Brown v. Federal Bureau of Prisons et al, No. 5:2008cv00083 - Document 70 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER Affirming And Adopting 67 Report And Recommendation of Mag Judge, denying 47 Motion to Dismiss; denying 47 Motion to Substitute Party ; denying as moot 50 Motion to Dismiss; granting 52 Motion to Dismiss; granti ng 52 Motion for Summary Judgment; granting 55 pla's Motion to file an amended complaint ; denying 58 pla's second Motion for Leave to File amended complaint. Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr on 12/17/09. (c to Judge, MJ JES, counsel, pla by certified mail)(mji) (Additional attachment(s) added on 12/18/2009: # 1 certified mail receipt) (mji).