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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

AARON GIBSON,

Plaintiff,  
v.  Civil Action No. 5:09cv85 (Judge Stamp)  
S. FRAME AN D E. DICKERSON,  
Defendants.  


OPINION/REPORT AND RECOMMENDATION
On July 22, 2009, the pro se plaintiff filed this civil rights action, which challenges the constitutionality of a prison disciplinary proceeding he received while incarcerated at FCI-Gilmer (dckt. 1). On July 29, 2009, the plaintiff was granted permission to proceed as a pauper and assessed an initial partial filing fee (dckt. 9).  
On August 4, 2009, the plaintiff filed a Motion to Withdraw Without Prejudice (dckt. 10). In the motion, the plaintiff asserts that since the filing of this case, he has discovered that the proper vehicle to challenge a prison disciplinary proceeding is a writ of habeas corpus pursuant to 28 U.S.C.

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