Jenkins v. Plumley, No. 5:2015cv00159 - Document 51 (N.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING 40 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING 28 PETITIONER'S MOTION FOR LEAVE TO AMEND THE PETITION, DENYING 29 PETITIONER'S MOTION FOR STAY AND ABEYANCE, DENYING [3 0] PETITIONER'S MOTION TO STRIKE, OVERRULING 42 RESPONDENT'S OBJECTIONS, OVERRULING 43 PETITIONER'S OBJECTIONS, DENYING 20 RESPONDENT'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART 1 § 2254 PET ITION. Accordingly, this civil action is hereby DISMISSED and STRICKEN from the active docket of this Court. Should the Petitioner choose to appeal, he is ADVISED that he must file a notice of appeal with the Clerk of the Court within 30 days after the date of entry of this order. The Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/23/2017. (copy to Pro Se Petitioner via CM,rrr; copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 3/23/2017: # 1 Certified Mail Return Receipt) (nmm).