Simpson v. Gomez, No. 1:2019cv00068 - Document 62 (N.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION [ECF NO. 55 ]. The Court ADOPTS the R&R [ECF No. 55 ]. The Warden's Motion to Dismiss [ECF No. 38 ], construed as a motion for summary judgment, is GRANTED, and the remaining claim raised in his supplement to the petition is DENIED and DISMISSED WITHOUT PREJUDICE. [ECF No. 23 ]. Further, Petitioner's Motion forReconsideration of the Amended Memorandum Opinion and Order [ECF No. 39 ] and Motion for Reconsideration o f the Order denying Petitioner's motion to file electronically [ECF No. 48 ] are DENIED as moot. Finally, Petitioner's Motion to Expedite [ECF No. 59 ] and Motion to Supplement Petition [ECF No. 60 ] are DENIED as moot. Signed by District Judge Thomas S. Kleeh on 2/1/2021. (Copy mailed to PS petitioner via CM, RRR.)(wrr) (Additional attachment(s) added on 2/1/2021: # 1 Certified Mail Return Receipt) (wrr).