Russell (Zabad) v. Saad, No. 5:2016cv00049 - Document 47 (N.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 41 THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND OVERRULING 45 THE PETITIONER'S OBJECTIONS: the respondent's motion to dismiss or, in the alternative, motion for summary j udgment 28 is hereby GRANTED, and the petition for habeas corpus under § 2241 1 is DISMISSED WITHOUT PREJUDICE. Additionally, the petitioner's motion to subpoena a witness 26 , motions to expedite 36 37 and motion for immediate rul ing 46 are DENIED AS MOOT. It is further ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. Should the Petitioner choose to appeal she is ADVISED that she must file a notice of appeal with the Clerk of C ourt within 60 days after the date of the entry of this order. The Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 3/13/2017. (copy to counsel via CM/ECF; copy to Pro Se Petitioner via CM,rrr) (nmm) (Additional attachment(s) added on 3/13/2017: # 1 Certified Mail Return Receipt) (nmm).