Turner v. Ballard, No. 5:2015cv00066 - Document 5 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 2 THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, OVERRULING THE PETITIONER'S OBJECTIONS, DISMISSING THE CIVIL ACTION WITH PREJUDICE AND DENYING A CERTIFICATE OF APPEALABILITY. Accor dingly, the petitioner's 1 petition is DENIED, the civil action is DISMISSED WITH PREJUDICE, and the petitioner's objections are OVERRULED. The petitioner is DENIED a certificate of appealability by this district court. In addition, it is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. Should the Petitioner choose to appeal the judgment, he is ADVISED that he must file a notice of appeal within 30 days after the date of entry of judgmen t. The Clerk is DIRECTED to enter judgment. Signed by Senior Judge Frederick P. Stamp, Jr. on 7/22/2015. (Attachments: # 1 Attachment Order from Circuit Court of Pendleton County, WV denying Petitioner's Rule 35 Motion on 10/5/98) (copy to Pro Se Petitioner via CM,rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 7/22/2015: # 2 Certified Mail Return Receipt) (nmm).