Woodson v. Mirandy

Filing 25

MEMORANDUM OPINION AND ORDER: It is ORDERED that the 22 Proposed Findings and Recommendations of Magistrate Judge be, and they hereby are, adopted by the Court. It is, therefore, ORDERED that the respondent's 14 Motion to Dismiss the Peti tion as untimely be, and it hereby is, denied. It is further ORDERED that this matter be, and it hereby is, recommitted to the magistrate judge for further proceedings. Signed by Judge John T. Copenhaver, Jr. on 12/19/2016. (cc: attys; any unrepresented party) (msa)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON WILLIAM M. WOODSON, Petitioner, v. Civil Action No. 2:15-16254 PATRICK MIRANDY, Warden, Respondent. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Omar J. Aboulhosn, filed on November 3, 2016, 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 any party to the proposed findings and recommendation; and it appearing proper so to do, it is ORDERED that the findings and conclusions made in the proposed findings and recommendation of the magistrate judge be, and they hereby are, adopted by the court. It is, therefore, ORDERED that the respondent’s motion to dismiss the petition as untimely be, and it hereby is, denied. It is further ORDERED that this matter be, and it hereby is, recommitted to the magistrate judge for further proceedings. The Clerk is directed to forward copies of this written directed to appear. 02/29/2016 Entry of scheduling order. 03/08/2016 Last day to serve F.R. Civ. P 26(a)(1) disclosures. opinion and order to plaintiff, all counsel of record and the United The Clerk is requested to transmit this Order and Notice to all counsel of States Magistrate Judge. record and to any unrepresented parties. DATED: January 5, DATED: December 19, 2016 John T. Copenhaver, Jr. United States District Judge

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