Macri v. Ballard, No. 5:2014cv00011 - Document 23 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION: The 21 report and recommendation of the magistrate judge is hereby AFFIRMED and ADOPTED in its entirety. Accordingly, the petitioners 1 petition for writ of habeas co rpus under 28 U.S.C. § 2254 is DENIED. Additionally, the respondents 18 motion to dismiss is GRANTED. It is further ORDERED that this case be DISMISSED WITH PREJUDICE and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr on 3/2/2015. (kac) (Copy to pro se petitioner (via cm/rrr))