Hunter v. O'Brien, No. 5:2012cv00101 - Document 37 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER Adopting And Affirming the 33 Report and Recommendation of Magistrate Judge: Granting 22 MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment and Response to Order to Show Cause file d by Terry O'Brien; Denying 1 Petition for Writ of Habeas Corpus filed by Steven M. Hunte; Overruling 36 Objections ; Denying and Dismissing Case With Prejudice and Striking same from active docket of this Court. Certificate of Appealability is Denied. Clerk directed to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr on 8/13/13. (copy to Petitioner by cert. mail)(soa)