Thornton v. O'Bryant et al, No. 5:2012cv00074 - Document 78 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 66 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE DENYING PLAINTIFF'S MOTION TO AMEND AND OVERRULING PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGES ORDER DENYING APPOINTMENT OF COUNSEL. Pla intiff's motion for summary judgment 62 is DENIED. The defendants' motion to dismiss or in the alternative, for summary judgment 44 is GRANTED. The plaintiff's complaint 1 is DENIED and DISMISSED WITHOUT PREJUDICE for failure t o exhaust his administrative remedies. The plaintiff's motion to amend is DENIED, and the plaintiffs objections to the magistrate judge's orders denying appointment of counsel are OVERRULED. It is further ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment on this matter. Should the plaintiff choose to appeal the judgment of this Court to the United States Court of Appeals for the Fourth Circuit on the issues to which objection was made, he is ADVISED that he must file a notice of appeal with the Clerk of this Court within 30 days after the date of the entry of the judgment order. Signed by Senior Judge Frederick P. Stamp, Jr. on 8/21/2013. (copy to Pro Se Plaintiff via Certified Mail, rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 8/21/2013: # 1 Certified Mail Return Receipt) (nmm).