Nutter v. Mirandy, No. 2:2016cv01527 - Document 16 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 15 Proposed Findings and Recommendation by Magistrate Judge; granting respondent's 11 Motion to Dismiss; denying petitioner's 2 Petition for Writ of Habeas Corpus (2254); and directing this case dismissed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 2/7/2017. (cc: plaintiff, pro se; counsel of record; United States Magistrate Judge) (taq)
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Nutter v. Mirandy Doc. 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON VICTOR NUTTER Petitioner, v. Civil Action No. 2:16-1527 PATRICK A. MIRANDY, Warden, St. Mary’s Correctional Center, Respondent. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of Unitepd States Magistrate Judge Cheryl A. Eifert, filed on January 12, 2017, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B); and having reviewed the record in this proceeding; and there being no objections filed by any party to the proposed findings and recommendation; and it appearing proper so to do, it is ORDERED that the findings and conclusions made in the proposed findings and recommendation of the magistrate judge be, and they hereby are, adopted by the court. It is therefore ORDERED as follows: 1. Respondent’s motion to dismiss be, and it hereby is, granted; 2. Petitioner’s petition for a Writ of Habeas Corpus be, and Dockets.Justia.com it hereby is, denied; and 3. This case be, and it hereby is, dismissed from the docket of the court. The Clerk is directed to forward copies of this written opinion and order to plaintiff, all counsel of record and the United States Magistrate Judge. DATED: February 7, 2017 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge
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