-JSK Atkins v. FCI Gilmer Administration et al, No. 5:2011cv00086 - Document 9 (N.D.W. Va. 2011)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 5 Report and Recommendation of Magistrate Judge in its entirety. The petitioner's 1 Section 2241 Petition is DENIED and DISMISSED WITHOUT PREJUDICE to the petitioner's right to re-fil e his claims as a civil rights action. DENYING as MOOT 2 petitioner's Motion for Leave to Proceed in forma pauperis. This civil action is DISMISSED and STRICKEN from the active docket of this court. Clerk directed to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr on 7/6/11. (c to pro se petitioner by certified mail)(cc)