Smith v. Warden, No. 5:2007cv00081 - Document 13 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER Affirming And Adopting Report and Recommendation re 10 Of Mag Judge. Petitioner's 2254 petition is DENIED and DISMISSED WITH PREJUDICE. Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P Stamp, Jr on 7/2/09. (c to Judge, MJ JES, pet by certified mail)(mji) (Additional attachment(s) added on 7/2/2009: # 1 certified mail receipt) (mji).