Platts v. O'Brien, No. 5:2013cv00061 - Document 16 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 12 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE. The petitioner's 1 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED and DISMISSED WITH PREJUDICE. The petiti oner's 15 motions for an evidentiary hearing and for appointment of counsel are DENIED. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. Should the Petitioner choose to appeal, he is ADVISED that he must file a notice of appeal with the Clerk within sixty days after the date of the entry of this judgment order. The Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 9/6/2013. (copy to Pro Se Petitioner via Certified Mail, rrr)(nmm) (Additional attachment(s) added on 9/6/2013: # 1 Certified Mail Return Receipt) (nmm).