Kisner v. Fox et al
| Elmer A. Kisner, Jr. |
| William Fox and State of West Virginia |
| 3:2008cv00138 |
| September 18, 2008 |
| US District Court for the Northern District of West Virginia |
| Habeas Corpus (General) Office |
| Pleasants |
| John Preston Bailey |
| John S. Kaull |
| None |
| Federal Question |
| 28:2254 Petition for Writ of Habeas Corpus (State) |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
42
ORDER ADOPTING REPORT AND RECOMMENDATION re 38 Report and Recommendations; granting 21 Motion to Dismiss filed by William Fox. The § 2254 petition 1 is hereby DENIED and DISMISSED with prejudice, and it is further ORDERED STRICKEN from the active docket of this Court. Signed by Chief Judge John Preston Bailey on 4/30/2009. Copy to pro se petitioner by certified mail, return receipt.(cmd)
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Filing
38
OPINION/REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Elmer A. Kisner, Jr., 21 MOTION to Dismiss Petition as Untimely Filed filed by William Fox - finds that the respondents Motion to Dismiss Petition as Untime ly Filed (dckt. 21) be GRANTED and the Petitioners § 2254 habeas corpus petition (dckt. 1) be DENIED and DISMISSED with prejudice from the active docket of this Court.Within ten (10) days after being served with a copy of this Opinion/Report and Recommendation, any party may file with the Clerk of Court written objections. Failure to timely file objections to this recommendation will result in waiver of the right to appeal from a judgment of this Court based upon such recommendation. Signed by Magistrate Judge John S. Kaull on 04/15/09. (copy to pro se petitioner via cert/ret receipt mail)(jko)
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