Milhouse v. O'Brien et al, No. 1:2014cv00056 - Document 24 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER GRANTING REQUEST FOR REINSTATEMENT OF FIRST AMENDED COMPLAINT; GRANTING MOTION TO ADD EXHIBITS IN SUPPORT OF OBJECTIONS; GRANTING IN PART MOTION TO PROCEED PURSUANT TO IMMINENT DANGER; ADOPTING IN PART REPORT AND RECOMMEN DATION; DISMISSING WITH PREJUDICE CLAIMS PROCEEDING WITHOUT PREPAYMENT OF FEE FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED; DISMISSING WITHOUT PREJUDICE CLAIMS SUBJECT TO DISMISSAL BASED ON FAILURE TO PAY FILING FEE: It is ORDERED t hat Plaintiff's 8 Motion for Leave to Proceed in forma pauperis is granted in part; 13 Motion to Proceed Pursuant to Imminent Danger is granted in part; Magistrate Judge Seibert's 15 Report and Recommendation is adopted in part; [1 9] Motion to Add Exhibits in Support of Objections is granted; 22 Motion for Reinstatement of First Amended Complaint is granted; the portion of Plaintiff's complaint alleging past misconduct because he has failed to pay the requisite filing fee is dismissed without prejudice; the portion of Plaintiff's complaint alleging future risk of harm and seeking prospective relief because he has failed to state a claims upon which such relief can be granted is dismissed with prejudice. The Clerk shall enter a separate judgment order and remove this case from the active docket. Signed by District Judge Irene M. Keeley on 3/3/15. (Attachments: # 1 Certified Mail Return Receipt)(copy Plaintiff)(cnd)