Blunt-Bey v. Perdue et al, No. 5:2013cv00094 - Document 21 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 16 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND GRANTING 15 PETITIONER'S MOTION TO AMEND. The respondent's 9 Motion to Dismiss or, in the Alternative, Motion for Summary Judgm ent is GRANTED. The Petitioner's 1 Petition for Writ of Habeas Corpus is still DENIED and DISMISSED WITH PREJUDICE. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED t o enter judgment. Should the petitioner choose to appeal, he is ADVISED that he must file a notice of appeal with the Clerk within 60 days after the date of the entry of the judgment order. Signed by Senior Judge Frederick P. Stamp, Jr. on 11/18/2013. (copy to Pro Se Petitioner via Certified Mail, rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 11/18/2013: # 1 Certified Mail Return Receipt) (nmm).