Harper v. Ballard

Filing 23

MEMORANDUM OPINION AND ORDER adopting the 22 Proposed Findings and Recommendation by Magistrate Judge; granting petitioner's 15 motion to amend his section 2254 petition and given leave to include Grounds 4, 10, 13, 14, 15, 18, 19, and 21 from his direct appeal, as more fully discussed in the PF&R; denying without prejudice respondent's 12 Motion for Summary Judgment. This matter is recommitted to the magistrate judge under the terms of the original referral order. Signed by Judge John T. Copenhaver, Jr. on 2/12/2014. (cc: attys; any unrepresented party) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

ROGER LEE HARPER,
Petitioner
v.

CIVIL ACTION NO. 2:13-7421

DAVID BALLARD, Warden,
Mount Olive Correctional Complex,
Respondent

MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation (“PF&R”) of the United States Magistrate Judge
filed on January 21, 2014, 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 motion
to amend his section 2254 petition be, and hereby is, granted,

with petitioner given leave to include herein Grounds 4, 10, 13,
14, 15, 18, 19, and 21 from his direct appeal, as more fully
discussed in the PF&R.

It is further ORDERED that the

respondent’s motion for summary judgment be, and hereby is,
denied without prejudice.

This matter is recommitted to the

magistrate judge under the terms of the original referral order.

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:

February 12, 2014

John T. Copenhaver, Jr.
United States District Judge