Drescher v. Ballard

Filing 7

ORDER adopting and incorporating the 5 Proposed Findings and Recommendation by Magistrate Judge; and directing that the case is DISMISSED for lack of jurisdiction and STRICKEN from the docket of this court. Signed by Judge Joseph R. Goodwin on 6/16/2017. (cc: counsel of record; any unrepresented party) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
THOMAS A. DRESCHER
Petitioner,
v.

CIVIL ACTION NO. 2:16-cv-09517

DAVID BALLARD,
Respondent.

ORDER
Pending before the court is the petitioner’s “Appeal of Petitioner Thomas A.
Drescher,” which has been docketed as a Petition for a Writ of Mandamus [ECF No.
1]. United States Magistrate Dwane L. Tinsley issued a Proposed Findings and
Recommendation [ECF No. 5] (“PF&R”) on May 17, 2017. Judge Tinsley
recommended that the court dismiss the Petition for lack of jurisdiction.
Subsequently, the petitioner filed Objections [ECF No. 6] to the PF&R, which the
court will now address. For the reasons discussed herein, the court ADOPTS the
PF&R and ORDERS that the Petition for a Writ of Mandamus [ECF No. 1] be
DISMISSED and STRICKEN from the docket of this court.
Having reviewed the petitioner’s objections de novo, the court FINDS that all
are without merit. The court FINDS that it lacks jurisdiction to issue a writ of
mandamus directed to the WVDOC employees. Moreover, the court FINDS that the

petition challenges a decision made by the West Virginia Supreme Court of Appeals
and that this court’s review of that decision amounts to an appeal therefrom, which
is barred by the Rooker-Feldman doctrine.
Therefore, the court ADOPTS and INCORPORATES herein the PF&R in full
and ORDERS that the case is DISMISSED for lack of jurisdiction and STRICKEN
from the docket of this court.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

June 16, 2017

_________________________________________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE

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