Wilson v. Humphey

Full title: SALLY J. WILSON, Petitioner, v. DALE HUMPHEY, Warden, Respondent

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

Date published: Mar 10, 2006

Civil Action No. 5:05-cv-00795 (S.D.W. Va. Mar. 10, 2006)

Opinion

Civil Action No. 5:05-cv-00795.

March 10, 2006

MEMORANDUM OPINION AND ORDER

JOSEPH GOODWIN, District Judge

Pending before the court is the petitioner's motion under 28 U.S.C. § 2254 for Writ of Habeas Corpus By a Person in State Custody. This action was referred to the Honorable R. Clarke VanDervort, 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 Petitioner's first, second and fourth grounds for relief and direct Petitioner within twenty days from entry of this Order to file an Amended § 2254 Petition containing only exhausted claims.

Neither party has filed objections to the Magistrate Judge's findings and recommendation.

Accordingly, the court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge, and ORDERS that the Petitioner's first, second, and fourth grounds for relief be DISMISSED. The court also DIRECTS the petitioner to file an Amended § 2254 Petition containing only exhausted claims by April 3, 2006.

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