Rivera-Lopez v. Smith, No. 5:2014cv00167 - Document 24 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 21 THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE. The respondent's 16 motion to dismiss and response to show cause is DENIED AS MOOT and the petitioner's 1 petition is DISMI SSED AS MOOT. Because the petitioner has failed to object, he has waived his right to seek appellate review of this matter. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 8/28/2015. (copy to Pro Se Petitioner via CM,rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 8/28/2015: # 1 Certified Mail Return Receipt) (nmm).