Duncan v. Ballard

Filing 19

MEMORANDUM OPINION AND ORDER directing that petitioner's 1 PETITION is denied; further directing that this action be dismissed and stricken from the docket. Signed by Judge John T. Copenhaver, Jr. on 5/8/2009. (cc: pro se petitioner, attys and the United States Magistrate Judge) (mkw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON JAMES DALE DUNCAN, Petitioner v. CIVIL ACTION NO. 2:08-1304

DAVID BALLARD, Warden, Mount Olive Correctional Complex, Respondent MEMORANDUM OPINION AND ORDER

Pending is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed November 20, 2008.

On January 30, 2009, respondent moved to dismiss the petition as successive. On February 24, 2009, movant sought

permission from the court of appeals to proceed in this court with his successive petition. On March 6, 2009, the court of On April 7, 2009, peti-

appeals denied petitioner's request.

tioner's request for reconsideration or rehearing was likewise denied by the court of appeals.

The court, accordingly, ORDERS that the petition be, and it hereby is, denied. It is further ORDERED that this action

be, and it hereby is, dismissed and stricken from the docket.

The Clerk is directed to forward copies of this written opinion and order to the pro se petitioner, all counsel of record, and the United States Magistrate Judge. DATED: May 8, 2009

John T. Copenhaver, Jr. United States District Judge

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