Rauch v. Ballard

Filing 26

MEMORANDUM OPINION AND ORDER accepting and incorporating Magistrate Judge Aboulhosn's 24 Findings and Recommendation; GRANTING 15 LIMITED RESPONSE by David Ballard Requesting Dismissal of Untimely 2 Petition for Writ of Habeas Corpus and D ISMISSING Petitioner's 2 Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person in State Custody; REMOVING this matter from the Court's docket, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 5/24/2017. (cc: attys; any unrepresented parties) (mkw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

JORDAN L. RAUCH,
Petitioner,
v.

CIVIL ACTION NO. 3:16-10127

DAVID BALLARD, Warden,
Respondent.

MEMORANDUM OPINION AND ORDER

This action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate
Judge, for submission to this Court of proposed findings of fact and recommendation for
disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings
of fact and recommended that the Court grant Respondent’s “Limited Response Requesting
Dismissal of Untimely Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus” (ECF No.
15), dismiss Petitioner’s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person
in State Custody (ECF No. 2) and remove this matter from the Court’s docket unless Petitioner
can demonstrate within the period of time allotted for objecting to this Proposed Findings and
Recommendation that the Petition was filed within the proper time period or circumstances exist
which would permit equitable tolling of the limitation period. Neither party has filed objections
to the Magistrate Judge=s findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and GRANTS Respondent’s “Limited Response Requesting Dismissal of
Untimely Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus” (ECF No. 15) and

DISMISSES Petitioner’s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person
in State Custody (ECF No. 2). Petitioner has not demonstrated within the period of time allotted
for objecting to this Proposed Findings and Recommendation that the Petition was filed within the
proper time period or circumstances exist which would permit equitable tolling of the limitation
period. The Court therefore REMOVES this matter from the Court’s docket, consistent with the
findings and recommendations.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.

ENTER:

-2-

May 24, 2017