Westbrook v. UNITED STATES OF AMERICA, No. 5:2009cv00056 - Document 24 (N.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING IN PART 17 Report and Recommendation. The plaintiff's 1983 claims are DENIED and DISMISSED WITH PREJUDICE and the plaintiff's BIVENS and FTCA claims are DENIED and DISMISSED WITHOUT PRE JUDICE. DECLINING IN PART TO AFFIRM AND ADOPT 17 REPORT AND RECOMMENDATION to the extent that the report and recommendation denies the plaintiff's motion for summary judgment. The defendants shall file a response to 11 plaintiff's MOT ION for Summary Judgment by 1/20/2010; and plaintiff shall file any reply by 2/8/2010. Signed by Senior Judge Frederick P. Stamp, Jr on 1/5/10. (c to plaintiff by certified mail)(cc) (Additional attachment(s) added on 1/6/2010: # 1 certified mail receipt) (cc).