Shoop v. Jenkins et al, No. 5:2008cv00188 - Document 81 (N.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER DECLINING TO AFFIRM AND ADOPT 62 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE; DENYING AS PREMATURE 51 Defendant's Second Motion to Dismiss Complaint and alternative for Summary Judgment; and GRANTING Plaintiff& #039;s 68 Motion For a continuance of summary judgment proceedings and ORDERING case to proceed. Signed by Senior Judge Frederick P. Stamp, Jr on 7/27/10. (cc) (copy to pro se plaintiff by cert mail) (Additional attachment(s) added on 7/27/2010: # 1 Certified Mail Return Receipt) (cc).