Weldon v. State of West Virginia et al

Filing 11

MEMORANDUM OPINION AND ORDER adopting the 10 Proposed Findings and Recommendation; denying without prejudice petitioner's 1 Petition for Writ of Habeas Corpus (2254), pending the exhaustion of her state court remedies. Signed by Judge John T. Copenhaver, Jr. on 10/3/2011. (cc: Petitioner; attys) (cbo)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
MONIQUE NICOLE WELDON,
Petitioner,
v.

Civil Action No. 2:11-00465

LORI NOHE, Warden,
Lakin Correctional Center,
Respondent.

MEMORANDUM OPINION AND ORDER

The court having received the Proposed Findings and
Recommendation (“PF&R”) of the United States Magistrate Judge
filed on August 22, 2011, pursuant to the provisions of 28
U.S.C. § 636(b)(1)(B); and having reviewed the record in this
proceeding; and there being no objections filed by either the
respondent or the petitioner to the PF&R; and it appearing
proper so to do, it is ORDERED that the findings and conclusions
made in the PF&R be, and they hereby are, adopted by the court.
It is, accordingly, ORDERED that petitioner's section
2254 petition be, and it hereby is, denied without prejudice
pending the exhaustion of her state court remedies.
The Clerk is directed to forward copies of this
written opinion and order to the petitioner, all counsel of
record, and the magistrate judge.
DATED: October 3, 2011
John T. Copenhaver, Jr.
United States District Judge