McQueen v. Odom, No. 5:2015cv00001 - Document 21 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 19 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE. The respondents 12 motion to dismiss, or in the alternative, for summary judgment is GRANTED and the petitioners petition is DENIED and his c laim DISMISSED WITH PREJUDICE. Because the petitioner has failed to object, he has waived his right to seek appellate review of this matter. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 6/29/2015. (copy to Pro Se Petitioner via CM,rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 6/29/2015: # 1 Certified Mail Return Receipt) (nmm).