Hinton v. Jenkins et al, No. 5:2013cv00074 - Document 16 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 12 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DISMISSING CASE WITHOUT PREJUDICE. The plaintiff's motion for further proceedings 15 is DENIED. This civil action is thus DISMISSED WIT HOUT PREJUDICE. Accordingly, the plaintiff's motion for leave to proceed in forma pauperis 10 is DENIED AS MOOT. An appeal must be filed with the Clerk of this Court within 60 days after the date of the entry of the judgment order. The Cler k is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 12/16/2013. (copy to Pro Se Plaintiff via Certified Mail, rrr) (nmm) (Additional attachment(s) added on 12/16/2013: # 1 Certified Mail Return Receipt) (nmm).