Townsend v. Riveria et al, No. 1:2016cv00038 - Document 60 (N.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING THE REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE: It is ORDERED that Magistrate Judge Seibert's 56 Report and Recommendation is ADOPTED; Plaintiff's 58 Obje ctions are OVERRULED; Defendants' 44 Motion to Dismiss is GRANTED; Plaintiff's 36 Motion for Default Judgment is DENIED AS MOOT; and this case is DISMISSED WITHOUT PREJUDICE and STRICKEN from the Court's active docket. The Court DIRECTS the Clerk to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 6/29/17. (Attachments: # 1 Certified Mail Return Receipt)(copy Plaintiff)(cnd)