Fontanez v. O'Brien, No. 5:2014cv00077 - Document 44 (N.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING AS FRAMED MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, OVERRULING PETITIONER'S OBJECTIONS, GRANTING IN PART AND DENYING IN PART RESPONDENT'S MOTION TO DISMISS OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT AND GRANTING AS FRAMED § 2241 PETITION: Granting in part and denying in part 36 Motion to Dismiss; granting in part and denying in part 36 Motion for Summary Judgment; Adopting Report and Recommendations re 41 REPORT AND RECOMMENDATIONS; Granting as framed 1 and 4 Petition for Writ of Habeas Corpus, filed by Jeremy Fontanez, and Overruling 43 Objections;. (copy to Fontanez by cert. mail) Signed by Senior Judge Frederick P. Stamp, Jr on 1/30/17. (soa) (Additional attachment(s) added on 1/30/2017: # 1 Certified Mail Return Receipt) (soa).