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Ballinger v. McBride

United States District Court, S.D. West Virginia, Parkersburg Division
Aug 9, 2007
CIVIL ACTION NO. 6:06-cv-01036 (S.D.W. Va. Aug. 9, 2007)

Opinion

CIVIL ACTION NO. 6:06-cv-01036.

August 9, 2007


MEMORANDUM OPINION AND ORDER


Pending before the court is the respondent's Motion for Summary Judgement and Motion to Dismiss [Docket 10]. This action was referred to the Honorable Mary E. Stanley, 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 dismiss the petition, without prejudice, for failure to exhaust state court remedies [Docket 17].

The petitioner has filed a letter-form "Appeal of Decision to Recommend Denial of Post-Conviction Habeas Corpus," which the court treats as objections to the Magistrate Judge's Proposed Findings and Recommendation. The objections in the petitioner's submission are without merit.

Accordingly, the court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge, and ORDERS that the petition be DISMISSED, without prejudice.

The court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Stanley, counsel of record, and any unrepresented party.


Summaries of

Ballinger v. McBride

United States District Court, S.D. West Virginia, Parkersburg Division
Aug 9, 2007
CIVIL ACTION NO. 6:06-cv-01036 (S.D.W. Va. Aug. 9, 2007)
Case details for

Ballinger v. McBride

Case Details

Full title:ARTHUR BALLINGER, IV Plaintiff, v. THOMAS McBRIDE, Defendant

Court:United States District Court, S.D. West Virginia, Parkersburg Division

Date published: Aug 9, 2007

Citations

CIVIL ACTION NO. 6:06-cv-01036 (S.D.W. Va. Aug. 9, 2007)