Cruz-Rivera v. O'Brien, No. 5:2015cv00017 - Document 23 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 21 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING WITHOUT PREJUDICE 15 RESPONDENT'S MOTION TO DISMISS, OR FOR SUMMARY JUDGMENT AND TRANSFERRING THIS CIVIL ACTION TO THE UNITED S TATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/4/2016. (copy to Pro Se Petitioner via CM,rrr; copy to counsel of record and USDC for Puerto Rico via CM/ECF) (nmm) (Additional attachment(s) added on 3/4/2016: # 1 Certified Mail Return Receipt) (nmm).