Holmes v. Phillips, No. 5:2008cv00059 - Document 6 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: The magistrate judge's 4 Report and Recommendation is hereby AFFIRMED and ADOPTED in its entirety. Accordingly, the petitioner's 1 § ; 2241 petition is DENIED and DISMISSED WITHOUT PREJUDICE. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr. on 8/4/2009. (Copy to pro se petitioner (via certified mail/rrr)) (kac) (Additional attachment(s) added on 8/5/2009: # 1 Certified Mail Receipt) (kac).