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16-116 - Hamilton v. State of West Virginia et al


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16-116 - Hamilton v. State of West Virginia et al
February 2, 2017
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REPORT AND RECOMMENDATION: re: 1 Complaint filed by Alex Hamilton. RECOMMENDATION: the undersigned hereby recommends that Defendant 29 Snyder's Motion to Dismiss be GRANTED; Defendant Kuhn's 37 Joinder in Defendant Snyder's Motion to Dismiss Complaint and Motion to Dismiss be GRANTED; Defendants Peters, Westfall, Rubenstein, SCC, the State, Warden Johns, and WVDOC's 41 Motion to Dismiss or in the Alternative, Motion for Summary Judgment be GRANTED; and that the Plaintiff's 1 complaint be DENIED and DISMISSED with prejudice. Within fourteen (14) days after being served with a copy of the Report and Recommendation, any party may file with the Clerk of the Court written objections. Signed by Magistrate Judge James E. Seibert on 02/02/2017. Copy mailed to pro se plaintiff by CMRR at his last known address as reflected on the docket. (cwm) (Additional attachment(s) added on 2/2/2017: # (1) Certified Mail Return Receipt) (cwm).
March 7, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: upon careful review, and finding no error, the Court ORDERS that Magistrate Judge Seibert's 63 Report and Recommendation should be, and is, hereby ADOPTED for the reasons more fully stated therein. The Defendants' 29 37 41 Motions to Dismiss are GRANTED and the Plaintiff's 1 complaint is DENIED and DISMISSED WITH PREJUDICE. The Court DIRECTS the Clerk to enter judgment in favor of the Defendants, close this matter and strike it from this Court's active docket. Signed by Chief Judge Gina M. Groh on 3/7/2017. Copy mailed to pro se plaintiff by CMRR at his last known address as reflected on the docket. (cwm) (Additional attachment(s) added on 3/7/2017: # (1) Certified Mail Return Receipt) (cwm).