Latham v. Williams, No. 5:2015cv00122 - Document 26 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING THE 22 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND OVERRULING THE PETITIONER'S OBJECTIONS. The respondents 8 motion to dismiss/motion for summary judgment is hereby GRANTED, and t he petitioners 24 motion titled as a certificate of appealability is DENIED. The petitioners claims are DISMISSED WITH PREJUDICE. It is further ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Cl erk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 6/28/16. (copies to Pro Se Petitioner via CM/rrr; counsel via CM/ECF) (lmm) (Additional attachment(s) added on 6/28/2016: # 1 Certified Mail Return Receipt) (lmm).