Duncan v. Ballard, No. 2:2008cv01304 - Document 19 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER directing that petitioner's 1 PETITION is denied; further directing that this action be dismissed and stricken from the docket. Signed by Judge John T. Copenhaver, Jr. on 5/8/2009. (cc: pro se petitioner, attys and the United States Magistrate Judge) (mkw)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JAMES DALE DUNCAN, Petitioner v. CIVIL ACTION NO. 2:08-1304 DAVID BALLARD, Warden, Mount Olive Correctional Complex, Respondent MEMORANDUM OPINION AND ORDER Pending is a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254, filed November 20, 2008. On January 30, 2009, respondent moved to dismiss the petition as successive. On February 24, 2009, movant sought permission from the court of appeals to proceed in this court with his successive petition. On March 6, 2009, the court of appeals denied petitioner s request. On April 7, 2009, peti- tioner s request for reconsideration or rehearing was likewise denied by the court of appeals. The court, accordingly, ORDERS that the petition be, and it hereby is, denied. It is further ORDERED that this action be, and it hereby is, dismissed and stricken from the docket. The Clerk is directed to forward copies of this written opinion and order to the pro se petitioner, all counsel of record, and the United States Magistrate Judge. DATED: May 8, 2009 John T. Copenhaver, Jr. United States District Judge 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
