Miller v. Warden, No. 2:2021cv00478 - Document 12 (S.D.W. Va. 2022)

Court Description: ORDER directing that the findings made in the 10 Proposed Findings and Recommendations of the magistrate judge are adopted by the court and incorporated herein; Petitioner Andrew Miller's pro se 1 Petition for a Writ of Habeas Corpus is dis missed without prejudice, pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule of Civil Procedure 41.1; the Clerk shall remove this action from the court's docket. Signed by Senior Judge John T. Copenhaver, Jr. on 4/18/2022. (cc: counsel of record; any unrepresented party; United States Magistrate Judge Eiftert) (btm)

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Miller v. Warden Doc. 12 Case 2:21-cv-00478 Document 12 Filed 04/18/22 Page 1 of 2 PageID #: 388 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON ANDREW MILLER, Petitioner, v. Civil Action No. 2:21-cv-00478 WARDEN, Respondent. ORDER The court having received the Proposed Findings and Recommendations of United States Magistrate Judge Cheryl A. Eifert, entered on January 6, 2022 (ECF No. 10); and the magistrate judge having recommended that the court dismiss Andrew Miller’s pro se Petition for a Writ of Habeas Corpus without prejudice; and no objection having been filed to the Proposed Findings and Recommendation, it is ORDERED that the findings made in the Proposed Findings and Recommendations of the magistrate judge (ECF No. 10) be, and they hereby are, adopted by the court and incorporated herein. Accordingly, it is further ORDERED that Petitioner Andrew Miller’s pro se Petition for a Writ of Habeas Corpus (ECF No. 1) be, and here by is, dismissed without prejudice, pursuant Dockets.Justia.com Case 2:21-cv-00478 Document 12 Filed 04/18/22 Page 2 of 2 PageID #: 389 to Federal Rule of Civil Procedure 41(b) and Local Rule of Civil Procedure 41.1. The Clerk is directed to remove this action from the court’s docket. The Clerk is directed to forward copies of this memorandum opinion and order to all counsel of record, any unrepresented party, and United States Magistrate Judge Eifert. Enter: 2 April 18, 2022

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