Speed v. Maruka et al, No. 1:2020cv00274 - Document 8 (S.D.W. Va. 2021)

Court Description: MEMORANDUM OPINION AND ORDER The court DENIES as moot plaintiff's 7 request for permission to refile or to preset "or a chance to re-visit on new discovery of evidence." The court, however, notes that because this dismissal is withou t prejudice, plaintiff is free to exhaust his administrative remedies and file a new case. Plaintiff's 1 request for appointment of counsel is DENIED as moot. The court OVERRULES plaintiff's objection; ADOPTS the 4 Proposed Findings and Recommendation by Magistrate Judge; DENIES plaintiff's 1 motion to proceed without prepayment of fees or costs; DISMISSES without prejudice plaintiff's 2 complaint; and directs the Clerk to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 3/25/2021. (cc: counsel of record; any unrepresented parties) (arb)