Fortuna v. Federal Bureau of Prison et al

Filing 85

ORDER ADOPTING REPORT AND RECOMMENDATION. Petitioners objections Doc. 78 are OVERRULED. The Report and Recommendation Doc. 76 is, hereby ORDERED ADOPTED. Defendants Motion to Dismiss or in the Alternative, for Summary Judgment Doc. 68 is GR ANTED. Court ORDERS that the second amended complaint Doc. 49 be DENIED and DISMISSED WITH PREJUDICE. Plaintiffs letters Docs. 80 , 81 & 83 are construed as Motions, they are DENIED AS MOOT. This Court further directs the Clerk to STRIKE this matter from the active docket of this Court. Signed by District Judge John Preston Bailey on 10/7/2021. (Copy counsel of record via cm/ecf, copy pro se plaintiff via certified mail)(jmm) (Additional attachment(s) added on 10/7/2021: # 1 Certified Mail Return Receipt) (jmm).

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~~1~1,prF m nJ m F’ Ll~ ci ci ci ~ :1 ~ ~ I 1 ~ OFFiCi~AL USE Certified Mail Fee Extra Services & Fees (checkbroG add fee as appropriate) D Return Receipt Oiardcopy) Dfletum Receipt (electronic) ~effl~i M,.ii a~v~t~i ~ $___________ $ ______________ Postmark C Michael Ray Foduna POBox85 ~ ~ Peach Creek, WV 25639 1:1 9cv3 [84] [85] 10/7/2021 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions I

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