Westbrook v. UNITED STATES OF AMERICA, No. 5:2009cv00056 - Document 26 (N.D.W. Va. 2010)

Court Description: AMENDED MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 17 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE. The Magistrate Judge's Report and Recommendation is AFFIRMED and ADOPTED in its entirety. The plaintiff's Section 1983 claims are DENIED and DISMISSED WITH PREJUDICE, and the plaintiff's BIVENS and FTCA claims are DENIED and DISMISSED WITHOUT PREJUDICE. The plaintiff's breach of contract claim concerning the FLSA and Walsh-Healey Act SHALL PROCEED. The defendant s shall be served with a copy of the summons and complaint through the United States Marshals Service. The plaintiff's 11 Motion for Summary Judgment is DENIED AS PREMATURE. This civil action is REMANDED to the magistrate judge for further p roceedings. Signed by Senior Judge Frederick P. Stamp, Jr on 1/8/10. (copies to pro se plaintiff by certified mail, to USM with 285 forms, summons, to Magistrate Judge)(cc) (Additional attachment(s) added on 1/8/2010: # 1 certified mail receipt) (cc).