Nelson v. State of West Virginia

Filing 14

MEMORANDUM OPINION AND ORDER adopting and incorporating the 11 Proposed Findings and Recommendation of the Magistrate Judge; directing that petitioner's petition is dismissed. Signed by Judge John T. Copenhaver, Jr. on 11/19/2018. (cc: petitioner; counsel of record; United States Magistrate Judge) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JESSE JAMES NELSON,
Petitioner,
v.

Civil Action No. 2:18-cv-00970

PATRICK A. MIRANDY,
Superintendent, St. Mary’s
Correctional Center,
Respondent.
MEMORANDUM OPINION AND ORDER

The court having received the Proposed Findings and
Recommendations of United States Magistrate Judge Cheryl A. Eifert,
entered on September 5, 2018; and the magistrate judge having
recommended that the court dismiss this matter; deny the Petition
for a Writ of Habeas Corpus; and deny as moot the petitioner’s
Application to Proceed Without Prepayment of Fees and Costs; and no
objection having been filed to the Proposed Findings and
Recommendations, it is ORDERED that the findings made in the Proposed
Findings and Recommendations of the magistrate judge be, and they
hereby are, adopted by the court and incorporated herein.
It is, therefore, ORDERED that the petitioner’s complaint
be, and it hereby is, dismissed.

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

DATED: November 19, 2018