Meckling v. Ballard, No. 5:2015cv00106 - Document 46 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING THE 44 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND STAYING THE CIVIL ACTION. The petitioners 42 motion to stay is GRANTED, and the respondents 32 motion to dismiss is DENIED WITHOU T PREJUDICE. Thus, the above-styled civil action is STAYED. The petitioner is DIRECTED to file the following: (1) quarterly reports, beginning on August 1, 2016, as to the status of his state habeas and appeals on the unexhausted claims he intends to pursue in his federal § 2254 petition; and (2) a Notice of Exhaustion within thirty (30) days from the date when his state court remedies have been fully exhausted. Failure to do so could result in dismissal of his present petition. Signed by Senior Judge Frederick P. Stamp, Jr. on 6/1/16. (copies to Pro Se Petitioner via CM/rrr; counsel via CM/ECF)(lmm) (Additional attachment(s) added on 6/1/2016: # 1 Certified Mail Return Receipt) (lmm).