Lowe v. Ballard, No. 2:2011cv00074 - Document 30 (S.D.W. Va. 2012)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 29 Proposed Findings and Recommendation; granting the respondent's 14 MOTION to Dismiss; denying petitioner's 2 PETITION FOR WRIT OF HABEAS CORPUS. Signed by Judge John T. Copenhaver, Jr. on 1/17/2012. (cc: petitioner; attys) (tmh)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON KEITH W.R. LOWE, Petitioner v. CIVIL ACTION NO. 2:11-0074 DAVID BALLARD, Warden, Mount Olive Correctional Complex, Respondent MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation ( PF&R ) of the United States Magistrate Judge filed on November 18, 2011, pursuant to the provisions of 28 U.S.C. ยง 636(b)(1)(B); and having reviewed the record in this proceeding; and there being no objections filed by either the respondent or the petitioner to the PF&R; and it appearing proper so to do, it is ORDERED that the findings and conclusions made in the PF&R be, and they hereby are, adopted by the court. It is, accordingly, ORDERED that the respondent's motion to dismiss be, and it hereby is, granted. It is further ORDERED that petitioner's section 2254 petition be, and it hereby is, denied. The Clerk is directed to forward copies of this written opinion and order to the petitioner, all counsel of record, and the magistrate judge. DATED: January 17, 2012 John T. Copenhaver, Jr. United States District Judge
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