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Kokoski v. Felts

United States District Court, S.D. West Virginia, Beckley Division
Apr 12, 2007
CIVIL ACTION NO. 5:06-0629 (S.D.W. Va. Apr. 12, 2007)

Opinion

CIVIL ACTION NO. 5:06-0629.

April 12, 2007


ORDER


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). Petitioner filed this Application for Writ of Habeas Corpus on August 14, 2006. The Magistrate Judge entered Proposed Findings and Recommendation on August 25, 2006, recommending dismissal of this petition as a second or successive application filed without leave of court. In her Proposed Findings and Recommendation, the Magistrate Judge recited the procedural history of Petitioner's claims arising from his 1994 conviction. Findings the claims asserted here to be similar to Petitioner's claims in preceding applications, the Magistrate Judge recommended dismissal pursuant to 28 U.S.C. §§ 2244 and 2255. Petitioner objected.

The Court has reviewed the Proposed Findings and Recommendation and Petitioner's written objections. Petitioner's claims concerning the validity of the search warrant, his guilty plea, and the subsequent effect of this conviction in later sentencings have been thoroughly considered and rejected. Petitioner's application here is clearly a successive application barred by statute.

The Court therefore ADOPTS the Magistrates Judge's Findings and Recommendation, DENIES Petitioner's section 2241 petition and DISMISSES this matter from the docket of the Court.

The Court also DENIES Petitioner's Motion to Reconsider Order of March 22, 2007, (doc. #19), which sought a transcript of proceedings.

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


Summaries of

Kokoski v. Felts

United States District Court, S.D. West Virginia, Beckley Division
Apr 12, 2007
CIVIL ACTION NO. 5:06-0629 (S.D.W. Va. Apr. 12, 2007)
Case details for

Kokoski v. Felts

Case Details

Full title:MICHAEL ALLEN KOKOSKI, Petitioner, v. CHARLES T. FELTS, Warden, FCI…

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

Date published: Apr 12, 2007

Citations

CIVIL ACTION NO. 5:06-0629 (S.D.W. Va. Apr. 12, 2007)

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