MEMORANDUM OPINION AND ORDER
HADEN, District Judge.
Plaintiff brings the present action to recover the value of property taken from his cell during a shake down at the West Virginia State Penitentiary. He alleges that "they [state troopers and prison guards] stripped me and removed all personal property remaining in my cell ... these items of personal property were thrown into a large pile on the floor, spit on by a state trooper with tobacco juice, and...
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