Simmons v. Pszczolkowski et al
| Tex B. Simmons |
| Karen Pszczolkowski and Patrick Morrisey |
| 3:2017cv00003 |
| January 6, 2017 |
| US District Court for the Northern District of West Virginia |
| Martinsburg Office |
| Marshall |
| James E. Seibert |
| Gina M. Groh |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
24
ORDER ADOPTING REPORT AND RECOMMENDATION: that 22 Report and Recommendation is ORDERED ADOPTED; petitioner's 23 Objections are OVERRULED; Respondent Morrisey's 13 Motion to Dismiss him as a party is GRANTED; Respondent Pszczolkowski 's 14 Motion to Dismiss as untimely is DENIED; this Court ORDERS that the petitioner's 1 § 2254 petition be DENIED and DISMISSED WITH PREJUDICE; this Court further DIRECTS the Clerk to enter judgment in favor of the respondents and to STRIKE this case from the active docket of this Court; and as a final matter, upon an independent review of the record, this Court hereby DENIES a certificate of appealability. Signed by District Judge John Preston Bailey on 05/23/2018. (cwm)
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