Luczak v. U.S. Attorney, No. 5:2013cv00004 - Document 23 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 17 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE Plaintiffs appeal to the defendant for first set of interrogatories and production of stated documents (ECF No. 11) is DENIED AS MOOT and the plaintiffs 18 motion showing cause to preclude dismissal, which dealt with the payment of the filing fee, is also DENIED AS MOOT, this case is DISMISSED WITHOUT PREJUCICE and STRICKEN from the active docket of this Court. Pursuant to Feder al Rule of Civil Procedure 58, the Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr on 5/9/13. (c to pla by certified mail)(mji) (Additional attachment(s) added on 5/9/2013: # 1 certified mail receipt) (mji).