Gibson v. Carter, No. 5:2015cv00005 - Document 22 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER DECLINING TO ADOPT 12 THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE BECAUSE ISSUES ARE MOOT, OVERRULING 14 THE PETITIONER'S OBJECTIONS, DENYING AS MOOT 20 THE PETITIONER'S MOTION FOR THE ENTRY OF DEFA ULT JUDGMENT AND FOR SUMMARY JUDGMENT AND DISMISSING CIVIL ACTION WITH PREJUDICE. The respondent's 8 motion to dismiss is DENIED AS MOOT. It is ORDERED that this case be DISMISSED WITH PREJUDICE and STRICKEN from the active docket of this Court. Should the petitioner choose to appeal, he is ADVISED that he must do so within 60 days after the date of entry of this order. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 9/24/2015. (copy to Pro Se Petitioner via CM,rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 9/24/2015: # 1 Certified Mail Return Receipt) (nmm).