Nelson v. State of West Virginia, No. 2:2018cv00970 - Document 14 (S.D.W. Va. 2018)

Court Description: MEMORANDUM OPINION AND ORDER adopting and incorporating the 11 Proposed Findings and Recommendation of the Magistrate Judge; directing that petitioner's petition is dismissed. Signed by Judge John T. Copenhaver, Jr. on 11/19/2018. (cc: petitioner; counsel of record; United States Magistrate Judge) (taq)

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Nelson v. State of West Virginia Doc. 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JESSE JAMES NELSON, Petitioner, v. Civil Action No. 2:18-cv-00970 PATRICK A. MIRANDY, Superintendent, St. Mary’s Correctional Center, Respondent. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendations of United States Magistrate Judge Cheryl A. Eifert, entered on September 5, 2018; and the magistrate judge having recommended that the court dismiss this matter; deny the Petition for a Writ of Habeas Corpus; and deny as moot the petitioner’s Application to Proceed Without Prepayment of Fees and Costs; and no objection having been filed to the Proposed Findings and Recommendations, it is ORDERED that the findings made in the Proposed Findings and Recommendations of the magistrate judge be, and they hereby are, adopted by the court and incorporated herein. It is, therefore, ORDERED that the petitioner’s complaint be, and it hereby is, dismissed. Dockets.Justia.com The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the United States Magistrate Judge. DATED: November 19, 2018

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