Howard v. Ballard, No. 5:2008cv00112 - Document 30 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER Affirming 27 And Adopting Report And Recommendation Of Magistrate Judge; granting Respondent's 11 Motion for Summary Judgment; denying Petitioner's 20 Motion for Summary Judgment. Pet's 2254 petition is DENIED and DISMISSED WITH PREJUDICE. Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P Stamp, Jr on 6/29/09. (c to Judge, JSK, counsel, pet by certified mail)(mji) Modified on 6/29/2009 (mji). resent nef - - to correct granting respondent's motion denying petitioner's motion. (Additional attachment(s) added on 6/29/2009: # 1 certified mail receipt) (mji).