Bourne v. Mirandy et al, No. 5:2015cv00067 - Document 35 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 33 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE. The defendants' motion to dismiss, or in the alternative, for summary judgment 18 and motion to strike plaintiff's second respon se 31 are GRANTED. The plaintiff's complaint is hereby DISMISSED WITH PREJUDICE. It is 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 12/30/15. (copies to Pro Se Plaintiff via CM/rrr; counsel via CM/ECF)(lmm) (Additional attachment(s) added on 12/30/2015: # 1 Certified Mail Return Receipt) (lmm).