Petersen v. White et al, No. 3:2008cv00180 - Document 21 (N.D.W. Va. 2009)

Court Description: ORDER ADOPTING OPINION/REPORT AND RECOMMENDATIONS for 19 Report and Recommendations. Henderson, N. Junkins, William Layhue, E. Mallory, Susan S. McClintock, J. Ramos, Robert Trybus, Eric Elza and Dominic A. Gutierrez, Sr terminated. The Court ORDE RS as follows: (1) that plaintiffs claims against defendants McClintock, Gutierrez, Elza, Layhue, Ramos and Henderson be DISMISSED with prejudice for the failure to state a claim against which relief may be granted; (2) that plaintiffs claims against defendants Trybus, Junkins and Mallory be DISMISSED without prejudice to the plaintiffs right to a determination of those claims in case number 5:07cv53; and(3) that plaintiffs claims against defendants White, Fernandez, Bucklew, Yost,Leeson, Callah an, Kovscek, Sanders, Williams and Thompson proceed and that thosedefendants shall answer the Complaint. Accordingly, the Clerk is hereby DIRECTED to effect service upon these defendants of a 20-day summons and a copy of the Complaint through the United States Marshal Service. Signed by Chief Judge John Preston Bailey on 7/29/2009. Copy mailed to pro se Petitioner by certified mail return receipt.(cmd) (Additional attachment(s) added on 7/29/2009: # 1 Certified Mail Receipt) (cmd).