Justis v. Pszcolkowski

Filing 9

MEMORANDUM OPINION AND ORDER adopting the 8 Proposed Findings and Recommendation by Magistrate Judge; denying petitioner's 2 Motion for a stay and abeyance; directing that this action is dismissed from the docket of the court. Signed by Judge John T. Copenhaver, Jr. on 12/16/2016. (cc: petitioner; counsel of record; United States Magistrate Judge) (taq)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON RAY JUSTIS, Petitioner, v. Civil Action No. 2:16-05199 KAREN PSZCZOLKOWSKI, Warden, Northern Correctional Facility, Respondent. MEMORANDUM OPINION AND ORDER The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Cheryl A. Eifert, filed on October 31, 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 petitioner’s motion for a stay and abeyance be, and it hereby is, denied. It is further ORDERED that this action be, and it hereby is, dismissed from the docket of the court. Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Lead counsel directed to appear. 02/29/2016 Entry of scheduling order. The Clerk day directed to forward P 26(a)(1) this written 03/08/2016 Last is to serve F.R. Civ. copies of 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: December 16, 2016 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge 2

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