Scott v. Warden Perdue, No. 3:2014cv00133 - Document 23 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION adopting 19 Report and Recommendation; Petitioners objections are OVERRULED; Court ORDERS that Petitioners 1 § 2241 petition is DISMISSED WITH PREJUDICE; granting Respondents [ 16] Motion to Dismiss or, in the Alternative, for Summary Judgment; denying as moot 9 Motion for Injunctive Relief Against Use of Administrative Res Judicata Illegally; denying as moot 10 Motion for Hearing; denying as moot 12 Motion to Constru e 2241 as Coram Nobis; denying as moot 15 Motion in Anticipation of Timeliness Issue; and denying as moot 22 Motion for Extension of Time to File filed by Petitioner. This matter is ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter a separate order of judgment in favor of the Respondent, pursuant to Federal Rule of Civil Procedure 58. As the Petitioner is a federal prisoner seeking relief through a § 2241 petition, the Court makes no certificate of appealability determination in this matter. Signed by Chief Judge Gina M. Groh on 6/17/2015. Copy mailed to pro se Petitioner by CMRR. (cwm) (Additional attachment(s) added on 6/17/2015: # 1 Certified Mail Return Receipt) (cwm).