Nutter v. Williamson

Filing 16

MEMORANDUM OPINION AND ORDER adopting the 15 Proposed Findings and Recommendation by Magistrate Judge; granting respondent's 11 Motion to Dismiss; denying petitioner's 2 Petition for Writ of Habeas Corpus (2254); and directing this case dismissed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 2/7/2017. (cc: plaintiff, pro se; counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
VICTOR NUTTER
Petitioner,
v.

Civil Action No. 2:16-1527

PATRICK A. MIRANDY, Warden,
St. Mary’s Correctional Center,
Respondent.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of Unitepd States Magistrate Judge Cheryl A. Eifert,
filed on January 12, 2017, 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 as follows:
1.

Respondent’s motion to dismiss be, and it hereby is,
granted;

2.

Petitioner’s petition for a Writ of Habeas Corpus be, and

prejudice pursuant to L.R. Civ. P. 7.1 (a)).
02/08/2016

Last day for Rule 26(f) meeting.

02/15/2016

Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
it hereby is, denied; and
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
3.
This Byrd United States Courthouse in Charleston, before
case be, and it hereby is, dismissed from the
the undersigned, unless canceled. Lead counsel
docket of the to appear.
directed court.
02/29/2016
Entry of scheduling order.
The Clerk is directed to forward copies of this written
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
States Magistrate Judge. record and to any unrepresented
Notice to all counsel of
parties.
DATED: February 7, 2017
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge