Mullins v. Ballard, No. 1:2009cv01248 - Document 11 (S.D.W. Va. 2010)
Court Description: JUDGMENT ORDER as to Dewey Mullins: Consistent with the Memorandum Opinion and Order entered this date, the court DENIES 1 APPLICATION by Dewey Mullins to Proceed without Prepayment of Fees or Costs, DENIES 3 MOTION by Dewey Mullins to Hold Habea s Corpus Petition in Abeyance and DISMISSES 2 Petition for Writ of Habeas Corpus (2254), with prejudice and DIRECTS the Clerk to remove this matter from the court's docket. Signed by Judge David A. Faber on 9/2/2010. ( certified cc: plaintiff, pro se and counsel of record) (mjp)
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Mullins v. Ballard Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD DEWEY MULLINS, Plaintiff, v. CIVIL ACTION NO. 1:09-1248 DAVID BALLARD, Warden, Mount Olive Correctional Complex, Defendant. JUDGMENT ORDER Consistent with the Memorandum Opinion and Order entered this day, the court hereby DENIES plaintiff’s application to proceed without prepayment of fees or costs and motion to hold habeas corpus petition in abeyance, DISMISSES plaintiff’s petition under 28 U.S.C. § 2254 with prejudice, and DIRECTS the Clerk to remove this matter from the court's docket. The Clerk is further directed to forward a certified copy of this Judgment Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 2nd day of September, 2010. ENTER: David A. Faber Senior United States District Judge Dockets.Justia.com
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