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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA JONATHAN HERNDON, Plaintiff, v. CITY OF MORGANTOWN, a municipal corporation, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION Pending before the Court is the Report and // CIVIL ACTION NO. 1:09CV69 (Judge Keeley)

Recommendation/Opinion ("R&R") (dkt. no. 17), of United States Magistrate Judge John S. Kaull dated September 10, 2009, and the pro se plaintiff, Jonathan Herndon's ("Herndon"), corresponding objections (dkt. no. 19). For the reasons that follow, the Court

ADOPTS Magistrate Judge Kaull's R&R in its entirety (dkt. no. 17), GRANTS the defendant, City of Morgantown's ("Morgantown"), motion

for summary judgment" (dkt. no. 9), DENIES AS MOOT Herndon's motion to appoint counsel(dkt. no. 10), DISMISSES the case WITH PREJUDICE, and STRIKES it from the Court's docket. On April 27, 2009, Herndon filed a complaint in the Circuit Court of Monongalia County, West Virginia (dkt. no. 7-1), alleging that Morgantown had deprived him of his constitutional right to liberty by incarcerating him within the city limits, unlawfully holding him against his will, and failing to adequately protect his rights. Id. On May 20, 2009, Morgantown removed the case to this

HERNDON V. CITY OF MORGANTOWN ORDER ADOPTING REPORT AND RECOMMENDATION

1:09CV69

Court based on its original jurisdiction under 28 U.S.C.

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West Virginia Law