Profitt v. Perdue, No. 5:2013cv00147 - Document 29 (N.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE. The report and recommendation of the magistrate judge 26 is hereby AFFIRMED and ADOPTED in its entirety. The petitioners petition for writ of habeas corpus under 28 U.S.C. § 2241 1 is DENIED. The respondents motion to dismiss or for summary judgment 14 is GRANTED and the petitioners motion for default summary judgment 17 is DENIED. this case is DISMISSED WITH PREJUDICE and STRICKEN fro m the active docket of this Court. Appeal rights noted. The clerk is directed to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr on 5:13-cv-147. (c to pro se petitioner by cert mail) (cc) Modified on 6/5/2014 to correct typo(cc). (Additional attachment(s) added on 6/5/2014: # 1 Certified Mail Return Receipt) (cc).