Mitchell v. Ballard, No. 5:2015cv00138 - Document 35 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING RESPONDENT'S MOTION TO DISMISS AND DENYING PETITION: Adopting 33 Report and Recommendations ; Granting 20 MOTION to Dismiss Habeas Petition as Untimely Filed filed by David Ballard; and Denying 1 Petition for Writ of Habeas Corpus filed by Edward Mitchell, Jr.; case to be dismissed with prejudice and stricken from active docket of this Court. Clerk directed to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr on 5/27/26. (copy to petitioner by cert. mail)(soa) (Additional attachment(s) added on 5/27/2016: # 1 Certified Mail Return Receipt) (soa).