Goldsmith v. Queen et al, No. 5:2008cv00171 - Document 37 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER Affirming And Adopting 33 Report And Recommendation Of Mag Judge granting 26 Motion to Dismiss by David Proctor; granting 29 Motion to Dismiss by Fred Queen; 1 Complaint is DISMISSED WITH PREJUDICE against David P roctor and DISMISSED WITHOUT PREJUDICE against Fred Queen. This civil action is DISMISSED. Clerk is directed to enter judgment. Signed by Senior Judge Frederick P Stamp, Jr on 11/9/09. (c to Judge, MJ JES, counsel, pla by certified mail)(mji) (Additional attachment(s) added on 11/9/2009: # 1 certified mail receipt) (mji).