Foster v. Murphy, No. 2:2016cv07333 - Document 16 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 14 Proposed Findings and Recommendation by Magistrate Judge; granting the petitioner's 6 Motion to stay and hold in abeyance; directing that petitioner's 5 amended petition is held in abe yance pending the petitioner's exhaustion of the available state court remedies concerning his second state habeas corpus petition; further directing that petitioner notify the court and the respondent within 14 days of the resolution of his s tate habeas appeal, of the result thereof, and his intent to proceed with this matter; the clerk to transfer this matter to the inactive docket until further order of the court. Signed by Judge John T. Copenhaver, Jr. on 7/10/2017. (cc: petitioner; counsel of record; United States Magistrate Judge) (taq)
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Foster v. Murphy Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON ERIC A. FOSTER, Plaintiff, v. Civil Action No. 2:16-07333 JOHN T. MURPHY, Warden, Huttonsville Correctional Center, Defendant. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Dwane L. Tinsley, filed on June 15, 2017, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B); and having reviewed the record in this proceeding; and there being no objections filed by any party to the proposed findings and recommendation; and it appearing proper so to do, it is ORDERED that the findings and conclusions made in the proposed findings and recommendation of the magistrate judge be, and they hereby are, adopted by the court. It is, therefore, ORDERED that petitioner’s motion to stay and hold in abeyance (ECF No. 6) be, and hereby is, granted. Accordingly, it is hereby ORDERED that petitioner’s amended petition is held in abeyance pending the petitioner’s exhaustion of the available state court remedies concerning his second state Dockets.Justia.com habeas corpus petition. It is further ordered that petitioner notify the court and the respondent within fourteen days of the resolution of his state habeas appeal, of the result thereof, and his intent to proceed with this matter. The clerk is directed to transfer this matter to the inactive docket until further order of the court. The Clerk is directed to forward copies of this written opinion and order to petitioner, all counsel of record, and the United States Magistrate Judge. ENTER: July 10, 2017 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge 2
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