Long v. Ballard
||April 8, 2013
||West Virginia Northern District Court
||John Preston Bailey
||James E. Seibert
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|Date Filed||#||Document Text|
|December 30, 2013
ORDER ADOPTING IN PART AND DECLINING TO ADOPT IN PART REPORT AND RECOMMENDATION: It is ORDERED that the Court adopts in part and declines to adopt in part Magistrate Seibert's 39 Report and Recommendation; Petitioner's 41 Objections a re overruled in part and sustained in part; Respondent's 22 Motion for Summary Judgment is granted; and Petitioner's 38 Motion for Leave to Hold the 2254 Writ of Habeas Corpus in Abeyance is denied. This Court denies and dismissed w ith prejudice Petitioner's 1 Petition and this matter is stricken from the active docket. Judgment shall be entered in favor of the Respondent. This Court denies Petitioner a certificate of appealability on his dismissed claims. Signed by Chief Judge John Preston Bailey on 12/30/13. (Attachments: # 1 Certified Mail Return Receipt)(copy Petitioner)(cnd)
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