Usry v. UNITED STATES OF AMERICA, No. 5:2011cv00141 - Document 73 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER Declining to Adopt 67 Report and Recommendation of Magistrate Judge and Granting 27 Motion to Dismiss for Lack of Subject Mater Jurisdiction: Granting 70 Motion for Extension of Time to File a Reply; Denying 71 Motion to Strike Objections; and Denying as moot 27 Motion for Summary Judgment. Plaintiff's Complaint is Dismissed With Prejudice; civil action is dismissed and stricken from active docket of this Court. Appeal rights noted. Clerk directed to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr on 3/25/13. (copy to Pltff by cert. mail)(soa) (Additional attachment(s) added on 3/25/2013: # 1 Certified Mail Return Receipt) (soa).