Brown v. Ballard

Filing 6

MEMORANDUM OPINION AND ORDER adopting the 5 Proposed Findings and Recommendation by Magistrate Judge Cheryl A. Eifert; directing that this case be closed and removed from the docket of the court; and that this case not be counted when determining if a subsequent petition, seeking federal habeas relief pertaining to the same conviction, is second or successive. Signed by Judge John T. Copenhaver, Jr. on 5/4/2017. (cc: plaintiff; counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
THOMAS BROWN,
Petitioner,
v.

Civil Action No. 2:16-9734

DAVID BALLARD, Warden,
Respondent.

MEMORANDUM OPINION AND ORDER

The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Cheryl A. Eifert,
filed on January 19, 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.
As recommended by the magistrate judge, it is ORDERED that
this case be closed and removed from the docket of the court; and
that this case not be counted when determining if a subsequent
petition, seeking federal habeas relief pertaining to the same
conviction, is second or successive.

The Clerk is directed to forward copies of this written
opinion and order to plaintiff, all counsel of record and the United
States Magistrate Judge.

DATED:

May 4, 2017

John T. Copenhaver, Jr.
United States District Judge

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