Foster v. Murphy

Filing 16

MEMORANDUM OPINION AND ORDER adopting the 14 Proposed Findings and Recommendation by Magistrate Judge; granting the petitioner's 6 Motion to stay and hold in abeyance; directing that petitioner's 5 amended petition is held in abe yance pending the petitioner's exhaustion of the available state court remedies concerning his second state habeas corpus petition; further directing that petitioner notify the court and the respondent within 14 days of the resolution of his s tate habeas appeal, of the result thereof, and his intent to proceed with this matter; the clerk to transfer this matter to the inactive docket until further order of the court. Signed by Judge John T. Copenhaver, Jr. on 7/10/2017. (cc: petitioner; counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
ERIC A. FOSTER,
Plaintiff,
v.

Civil Action No. 2:16-07333

JOHN T. MURPHY, Warden,
Huttonsville Correctional Center,
Defendant.

MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L. Tinsley,
filed on June 15, 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 that petitioner’s motion to
stay and hold in abeyance (ECF No. 6) be, and hereby is, granted.
Accordingly, it is hereby ORDERED that petitioner’s amended
petition is held in abeyance pending the petitioner’s exhaustion
of the available state court remedies concerning his second state

certain events must occur:
01/28/2016

Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
unsupported by memoranda will be denied without
habeas corpus petition. pursuant to L.R. Civ. P. 7.1 (a)).
prejudice It is further ordered that petitioner
02/08/2016
Last day for Rule 26(f) meeting.
notify the court and the respondent within fourteen days of the
02/15/2016
Last day to file Report of Parties= Planning
resolution of his state habeas appeal, of the result thereof, and
Meeting. See L.R. Civ. P. 16.1.
his intent to
02/22/2016
transfer this
the court.
02/29/2016

proceed with this matter. The clerk is directed to
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in Charleston, before
matter to the inactive docket until further order of
the undersigned, unless canceled. Lead counsel
directed to appear.
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 petitioner, all counsel of record, and the
The Clerk is requested to transmit this Order and
United States Magistrate Judge. and to any unrepresented
Notice to all counsel of record
parties.
ENTER: July 10, 2017
DATED: January 5, 2016
John T. Copenhaver, Jr.
United States District Judge

2