Gladysz v. Trent et al, No. 3:2008cv00064 - Document 58 (N.D.W. Va. 2009)

Court Description: OPINION/REPORT AND RECOMMENDATION re: 1 Complaint filed by Theodore Gladysz and 55 First MOTION for Summary Judgment filed by George Trent, McClain, McCray, Gaskins, Jacoby. RECOMMENDATION: 55 First MOTION for Summary Judgment be denied and cas e be set for trial. Objections to R&R due by 9/8/2009. Signed by Magistrate Judge John S Kaull on 8/24/09. Copy mailed to plaintiff by certified mail - return receipt at his last known address.(cwm) (Additional attachment(s) added on 8/24/2009: # 1 Attachment Certified Mail - Receipt) (cwm).