McDaniel v. State of West Virginia, No. 3:2010cv01417 - Document 15 (S.D.W. Va. 2011)
Court Description: MEMORANDUM OPINION AND ORDER. The Court accepts and incorporates the findings and recommendation of Magistrate Judge Eifert and dismisses petitioner's Petition for Writ of Mandamus. 14 Proposed Findings and Recommendations by Magistrate Judge, Signed by Judge Robert C. Chambers on 4/14/2011. (cc: attys; any unrepresented party) (gan)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DAVID W. MCDANIEL, Petitioner, v. CIVIL ACTION NO. 3:10-1417 STATE OF WEST VIRGINIA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Petitioner s Petition for Writ of Mandamus be dismissed with prejudice. Neither party has filed objections to the Magistrate Judge s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DISMISSES Petitioner s Petition for Writ of Mandamus, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: April 14, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE
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