Taylor v. O'Brien, No. 5:2015cv00136 - Document 27 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING MAGISTRATE JUDGE'S 18 REPORT AND RECOMMENDATION, GRANTING RESPONDENT'S 12 MOTION TO DISMISS OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT, DENYING § 2241 1 PETITION AND OVERRULI NG PETITIONER'S MOTION CONSTRUED AS OBJECTIONS. The petition is DISMISSED WITH PREJUDICE, and the petitioners motion to stay construed as objections to the report and recommendation 23 are OVERRULED. 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 9/22/16. (copies to Pro Se Petitioner via CM/rrr; counsel via CM/ECF) (lmm) (Additional attachment(s) added on 9/22/2016: # 1 Certified Mail Return Receipt) (lmm).