Nally v. Carey et al, No. 5:2012cv00085 - Document 34 (N.D.W. Va. 2013)

Court Description: MEMORANDUM AND OPINION AND ORDER Adopting and Affirming Magistrate Judge's Report and Recommendations 30 : granting 21 Motion for Summary Judgment; This Court AFFIRMS AND ADOPTS the report and recommendation of the magistrate judge in its ent irety. Accordingly, the petitioners petition 1 filedpursuant to 28 U.S.C. § 2254 is DENIED. It is also further ORDERED this civil action be DISMISSED WITH PREJUDICE. The petitioner is DENIED a certificate of appealability. Pursuant to Federal Rule of Civil Procedure 58, the Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 2/13/13. (copy to pro se petitioner via certifed mail, rr; to counsel of record via CM/ECF)(rjs) (Additional attachment(s) added on 2/13/2013: # 1 Certified Mail Return Receipt) (rjs).