Burman v. Perdue et al, No. 5:2014cv00153 - Document 21 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: This Court hereby AFFIRMS and ADOPTS the 18 report and recommendation in its entirety and the petitioners 20 objections are hereby OVERRULED. Furt her, given this finding, the petitioners 12 ex parte emergency motion is DENIED AS MOOT. Accordingly, the petitioners petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED and DISMISSED WITH PREJUDICE. It is ORDERED that th is civil action be DISMISSED and STRICKEN from the active docket of this Court. Pursuant to Federal Rule of Civil Procedure 58, the Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr on 4/9/2015. (kac) (Copy to pro se petitioner (via cm/rrr)) (Additional attachment(s) added on 4/9/2015: # 1 Certified Mail Return Receipt) (nmm).