Joseph v. State of West Virginia, No. 5:2011cv00143 - Document 23 (N.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING 14 REPORT AND RECOMMENDATIONS: Granting 9 MOTION to Dismiss Petition for Failure to Exhaust State Remedies and As Insufficiently Pled; Dismissing 1 Petition for Writ of Habeas Corpus; D ismissing Civil Action Without Prejudice from active docket of this Court; Denying Certificate of Appealability; and Directing Clerk to enter Judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr on 5/16/12. (copy to petitioner by cert. mail)(soa) (Additional attachment(s) added on 5/17/2012: # 1 Certified Mail Return Receipt) (soa).