Watkins v. West Virginia State Police et al, No. 3:2015cv00136 - Document 16 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING IN PART REPORT AND RECOMMENDATION: the Court hereby ORDERS Magistrate Judge Trumble's 11 Report and Recommendation ADOPTED IN PART. The Court declines to adopt the R&R insofar as it recommends dismissing the Plaintiff's complaint without prejudice. Rather, in light of its legal frivolity, the Court ORDERS that the Plaintiff's 42 U.S.C. § 1983 1 complaint is DISMISSED WITH PREJUDICE. The Court further ORDERS that the Plaintiff' s 10 Motion for Leave to Proceed In Forma Pauperis is DENIED AS MOOT. The Plaintiff's 13 objections are OVERRULED. There being no other matters to address, the Court ORDERS this matter STRICKEN from its active docket. The Clerk is DIRECTED to enter a separate judgment order in favor of the Defendants. Signed by Chief Judge Gina M. Groh on 9/1/2016. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 9/1/2016: # 1 Certified Mail Return Receipt) (cwm).