Kinder v. Rubenstein et al, No. 5:2015cv00050 - Document 45 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING THE MAGISTRATE JUDGE'S 40 REPORT AND RECOMMENDATION AND DISMISSING THE PLAINTIFF'S COMPLAINT. The plaintiffs complaint is DISMISSED. The plaintiffs objections to the report and reco mmendation 42 are OVERRULED. It is further ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 1/15/16. (copy to Pro Se Plaintiff via CM/rrr; counsel via CM/ECF)(lmm) (Additional attachment(s) added on 1/15/2016: # 1 Certified Mail Return Receipt) (lmm).