Turner v. Zickenfose, No. 1:2013cv00155 - Document 36 (N.D.W. Va. 2014)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Seibert's 32 Report and Recommendation is adopted in its entirety; Petitioner's 21 Motion to Dismiss, 21 Motion for Summary Judgment is granted; Petitioner's 144 Judgment and Commitment Order in 3:97cr20-01 be modified; this case is dismissed with prejudice and stricken from the docket. Any written notice of appeal must be filed within 30 days from entry of the Judgment Order. Signed by District Judge Irene M. Keeley on 3/4/14. (Attachments: # 1 Certified Mail Return Receipt)(copy Petitioner)(cnd)