Friedman v. UNITED STATES OF AMERICA et al, No. 5:2013cv00062 - Document 77 (N.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING THE 68 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, OVERRULING 76 PLAINTIFFS OBJECTIONS, DENYING 71 PLAINTIFFS MOTION FOR TEMPORARY STAY AND VACATING 75 PRIOR OPINION AND ORDER. This civil action is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that this case be DISMISSED and STRICKEN from the active docket of this Court. Should the plaintiff choose to appeal the judgment, he is ADVISED that he must file a notice of appea l within 60 days after the date of entry of judgment. The Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 9/23/2014. (copy to Pro Se Plaintiff via Cert. Mail, rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 9/23/2014: # 1 Certified Mail Return Receipt) (nmm).