Lucas v. Driver, No. 3:2008cv00151 - Document 19 (N.D.W. Va. 2009)

Court Description: OPINION/REPORT AND RECOMMENDATION re 14 MOTION to Dismiss and Response to Order to Show Cause filed by Joe Driver, 1 Petition for Writ of Habeas Corpus filed by Michael Lucas. Recommendation is that 14 be granted and 1 be denied and dismissed with prejudice. Objections to R&R due by 6/18/2009. Signed by Magistrate Judge John S Kaull on 6/3/2009. (Attachments: # 1 certified mail receipt). Copy sent certified mail, return receipt to pro se Petitioner.(tlg)