Taylor v. Fox, No. 5:2008cv00087 - Document 20 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND REMANDING FOR EVIDENTIARY HEARING ON ISSUE OF EQUITABLE TOLLING: This Court DECLINES to adopt the 15 Report and Recommendation of the magistrate judge and REMANDS this action for further proceedings consistent with this opinion. Signed by Senior Judge Frederick P Stamp, Jr on 7/1/2009. (Copy to pro se petitioner (via certified mail/rrr), MJ Seibert) (kac) (Additional attachment(s) added on 7/1/2009: # 1 Certified Mail Receipt) (kac).