Myers v. O'Brien, No. 5:2014cv00162 - Document 20 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING THE 17 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND OVERRULING THE PETITIONERS OBJECTIONS. The petitioner's petition, to the extent it asserts a claim under Johnson, is DISMISSED WITHOUT PREJUDICE. The petitioners remaining claims are DISMISSED WITH PREJUDICE. It is further ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 5/26/16. (copy to Pro Se Petitioner via CM/rrr)(lmm) (Additional attachment(s) added on 5/26/2016: # 1 Certified Mail Return Receipt) (lmm).