Hagan v. Scott et al, No. 2:2014cv00032 - Document 84 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION, ORDER AND REPORT AND RECOMMENDATION: ORDER granting 81 Motion to Compel and directs defendants to provide complete responses to the specific inquiries directed by the Court's Order dated April 16, 2015 within 30 days of the date of this order. Recommendation that plaintiff's oral motion for appointment of counsel made at the April 16, 2015 hearing be granted and that the district judge appoint counsel to assist plaintiff in the proceedings remaining before the district judge. The undersigned recommends that defendants' Pszczolkowski and Rubenstein Motion to Dismiss 35 be granted. Recommends that the defendants' Motion for Summary Judgment 58 be denied as to defendants Scott, Cox, Ritchie, Logan, Kinkade and Tennant. Recommends that the motion for Summary judgment be denied as moot as to Pszczolkowski and Rubenstein. Any party may, with 14 days after being served with a copy of this Memorandum Opinion, Order, Report and Recommendation, file with the Clerk of the Court written objections. Signed by Magistrate Judge John S. Kaull on 6/8/15. (Attachments: # 1 Certified Mail Return Receipt)(jss)