Black v. Plumley, No. 3:2013cv22029 - Document 21 (S.D.W. Va. 2014)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating 20 Proposed Findings and Recommendation of the Magistrate Judge; denying Petitioner's 3 MOTION to Hold in Abeyance 2254 Petition Until Completion of State Court Proceedings; denying Respondent's 6 MOTION to Dismiss Petition; Dismissing without prejudice Petitioner's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person in State Custody and removing this matter from the Court's docket consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 3/31/2014. (cc: attys; any unrepresented parties) (mkw)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION JUSTIN K. BLACK, Petitioner, v. CIVIL ACTION NO. 3:13-22029 MARVIN C. PLUMLEY, Warden, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. ' 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny Petitioner s Motion to Hold in Abeyance 2254 Petition Until Completion of State Court Proceedings (ECF No. 3), deny Respondent s Motion to Dismiss Petition (ECF No. 6), dismiss without prejudice Petitioner s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person in State Custody (ECF No. 1), and remove this matter from the Court s docket. Neither party has filed objections to the Magistrate Judge=s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Petitioner s Motion to Hold in Abeyance 2254 Petition Until Completion of State Court Proceedings (ECF No. 3), DENIES Respondent s Motion to Dismiss Petition (ECF No. 6), DISMISSES without prejudice Petitioner s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person in State Custody (ECF No. 1), and REMOVES this matter from the Court s docket, consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: -2- March 31, 2014
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