Shoop v. Jenkins et al, No. 5:2008cv00188 - Document 47 (N.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: The Magistrate Judge's 38 Report and Recommendation is hereby AFFIRMED and ADOPTED in its entirety. Accordingly, defendant Brown's 21 Mo tion to Dismiss is GRANTED, and the claims against defendant Brown are DISMISSED WITHOUT PREJUDICE. Furthermore, defendant Hott's 29 Motion to Dismiss is DENIED and plaintiff's claims against defendant Hott shall PROCEED. Signed by Senior Judge Frederick P. Stamp, Jr. on 1/8/2010. (Copy to counsel, pro se plaintiff (via cm/rrr)) (kac) (Additional attachment(s) added on 1/8/2010: # 1 Main) (kac).