Pipes v. Ballard, No. 2:2009cv00037 - Document 42 (N.D.W. Va. 2009)

Court Description: OPINION/REPORT AND RECOMMENDATION re 20 MOTION to Dismiss for Lack of Jurisdiction Over Subject Matter filed by David Ballard, 16 MOTION to Dismiss Petition as Untimely Filed filed by David Ballard, 1 Petition for Writ of Habeas Corpus, filed by James Franklin Pipes. Objections to R&R due by 9/10/2009. Signed by Magistrate Judge John S Kaull on 8/26/09. (Attachments: # 1 Certified Mail Receipt label) (copy Petitioner [7002 2410 0005 5553 5303])(cnd)