Wood v. Rubenstein et al, No. 5:2012cv00174 - Document 67 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 58 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND AFFIRMING MAGISTRATE JUDGE'S ORDER ON PENDING MOTIONS. Accordingly, the medical defendants' motion to dismiss 18 is GRANTED and th e officer defendants' motions to dismiss 21 and 31 are DENIED. This case shall PROCEED only as to the claims against the officer defendants, and this Court will enter a separate scheduling order with regard to those claims. Signed by Senior Judge Frederick P. Stamp, Jr. on 10/1/2013. (copy to counsel of record via CM/ECF; copy to Pro Se Plaintiff via Certified Mail, rrr) (nmm) (Additional attachment(s) added on 10/1/2013: # 1 Certified Mail Return Receipt) (nmm).