Bender v. Carter, No. 5:2012cv00165 - Document 21 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: denying as moot 8 Notice of Intent to file proposed schedule; granting 10 Motion to Dismiss or in the alternative, Motion for Summary Judgment; ad opting Report and Recommendations re 16 and 17 in its entirety; petitioner's petition 1 for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED and DISMISSED WITH PREJUDICE. Civil action is dismissed; Clerk directed to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 4/30/23013. (copy to pro se petitioner via certified mail, rr; to counsel of record via CM/ECF)(rjs) (Additional attachment(s) added on 4/30/2013: # 1 Certified Mail Return Receipt) (rjs).