Smith v. Commissioner of Social Security, No. 5:2009cv00096 - Document 17 (N.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 15 Report and Recommendation of Magistrate Judge; GRANTING 10 Motion to Dismiss. This case is DISMISSED WITHOUT PREJUDICE and STRICKEN from the active docket of this court. Clerk directed to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr on 1/27/10. (c to pro se plaintiff by cert mail)(cc) (Additional attachment(s) added on 1/27/2010: # 1 certified mail receipt) (cc).