Andrews v. Cross et al, No. 5:2010cv00113 - Document 46 (N.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION and ORDER Affirming and Adopting 40 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Patrick Franklin Andrews, and 31 MOTION to Dismiss , or, in the alternative, Motion for Summary Judgment filed by Eric Griffin, Et al,: Granting 31 Motion to Dismiss etc.; and DISMISSING WTH PREJUDICE 1 Complaint. Civil Action is Dismissed and Stricken from the active docket of this Court. Clerk directed to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr on 3/5/12. (copy to Pltff by cert. mail)(soa)