Russell v. Anderson et al, No. 5:2015cv00039 - Document 59 (N.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING 53 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING 39 DEFENDANTS' MOTION TO DISMISS, DENYING AS MOOT 51 PLAINTIFF'S MOTION FOR APPOINTED COUNSEL AND OVERRULING 58 PLAIN TIFF'S OBJECTIONS. Should the plaintiff choose to appeal, he is ADVISED that he must file a notice of appeal within 60 days after the date of the entry of this order. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/21/2017. (copy to Pro Se Plaintiff via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 3/21/2017: # 1 Certified Mail Return Receipt) (nmm).