Munday v. Ballard, No. 5:2012cv00135 - Document 41 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING THE 38 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: Respondents 29 motion for summary judgment is GRANTED. Accordingly, Mundays petition filed pursuant to 28 U.S.C. § 2254 is DENIED. I t is also further ORDERED this civil action beDISMISSED WITH PREJUDICE and STRICKEN from the active docket ofthis Court. The Petitioner is DENIED a certificate of appealability. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr on 8/2/2013. (kac) (Copy to counsel, pro se petitioner (via cm/rrr)) (Additional attachment(s) added on 8/2/2013: # 1 Certified Mail Return Receipt) (kac).