Lewis v. Proctor et al, No. 5:2008cv00167 - Document 29 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND REMANDING CASE TO MAGISTRATE JUDGE FOR CONSIDERATION OF PLAINTIFF'S "MOTION: PLEADING SPECIAL MATTERS" AND PLAINTIFF'S "MOT ION FOR COMPUTING AND EXTENDING TIME TO ADD PARTIES": The 16 Report and Recommendation of the magistrate judge is hereby AFFIRMED and ADOPTED in its entirety. Accordingly, plaintiff's claims against defendants Correctional Medical Servic es, Inc. and Wexford Health Sources are DISMISSED with prejudice. Plaintiff's claims against Dr. David Proctor shall PROCEED, and that defendants shall be SERVED with a copy of the summons and complaint through the US Marshals Service. Further , the plaintiff's 14 Motion to Amend the Complaint is DENIED. Finally, this case is REMANDED to the magistrate judge for consideration of plaintiff's 19 "MOTION: Pleading Special Matters," and 20 "MOTION For Computing and Extending Time to Add Parties." Signed by Senior Judge Frederick P. Stamp, Jr. on 7/31/2009. (Copy to pro se plaintiff (via certified mail/rrr), counsel, MJ Kaull) (kac) (Additional attachment(s) added on 7/31/2009: # 1 Certified Mail Receipt) (kac).