McKinnon v. Haynes et al, No. 5:2006cv00039 - Document 40 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: This Court finds that the 22 Report and Recommendation of the magistrate judge is hereby AFFIRMED and ADOPTED in its entirety. Accordingly, it is OR DERED that the plaintiff's 1 Complaint be DISMISSED WITH PREJUDICE for failure to state a claim on which relief can be granted. The Clerk is DIRECTED to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr. on 6/17/2009. (Copy to pro se plaintiff (via certified mail/rrr)) (kac) (Additional attachment(s) added on 6/17/2009: # 1 Certified Mail - Receipt) (kac).