Daly v. Federal Bureau of Prisons et al, No. 5:2014cv00019 - Document 32 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING IN PART AND DECLINING TO AFFIRM AND ADOPT IN PART REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE.The petitioners petition 1 pursuant to 28 U.S.C. § 2241 is DENIED AS MOOT. The respondents moti on to dismiss or for summary judgment is GRANTEDAS FRAMED. The magistrate judges 23 report and recommendation is AFFIRMED IN PART and DECLINED IN PART AS MOOT. Peitioner is advised appeal rights. This case is DISMISSED WITH PREJUDICE and STRICKEN from the active docket of this Court. Clerk is DIRECTED to enter judgment and send to pro se petitoner by cert mail. Signed by Senior Judge Frederick P. Stamp, Jr on 1/26/15. (c to pro se petitioner by cert mail)(cc) (Additional attachment(s) added on 1/26/2015: # 1 Certified Mail Return Receipt) (cc).