Hillberry v. Elder et al, No. 5:2013cv00113 - Document 207 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 204 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND SCHEDULING ORDER FOR DEFENDANT ELDER'S COUNTERCLAIM. The defendants motion for summary judgment 114 is GRANTED; plaintiffs motion for sanctions 138 is DENIED; plaintiffs motion to dismiss Elders counterclaim 142 is DENIED IN PART and GRANTED IN PART; and plaintiffs motion to compel 197 is DENIED. The plaintiffs complaint is therefore DISMISSED WITH PREJUDICE against all defe ndants. Signed by Senior Judge Frederick P. Stamp, Jr. on 1/29/2015. (copy to Pro Se Plaintiff via Cert. Mail, rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 1/29/2015: # 1 Certified Mail Return Receipt) (cc).