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Tammy S. Wilson v. Lori Nohe

July 6, 2011

TAMMY S. WILSON, PETITIONER,
v.
LORI NOHE, WARDEN, LAKIN CORRECTIONAL CENTER, RESPONDENT.



The opinion of the court was delivered by: Robert C. Chambers United States District Judge

MEMORANDUM OPINION AND ORDER

Pending before the Court are the Petitioner's Petition for a Writ of Habeas Corpus (ECF 2), Respondent's Motion to Dismiss Petitioner's Petition (ECF 9), Petitioner's Motion to Reconsider Appointment of Counsel (ECF 11), Petitioner's Amendment to her Motion to Reconsider Appointment of Counsel (ECF 13), and Petitioner's Specific Written Objections (ECF 16) to Magistrate Judge Eifert's Proposed Findings and Recommendations (ECF 15). For the following reasons, Petitioner's objections are DISMISSED without prejudice so that she may exhaust the State court remedies available to her. The Court ADOPTS Magistrate Judge Eifert's Proposed Findings and Recommendations. Accordingly, the Court disposes of the pending motions as follows: Respondent's motion to dismiss (ECF 9) is GRANTED; Petitioner's petition (ECF 2) is DISMISSED without prejudice so that she may exhaust the State court remedies available to her; Petitioner's motion to reconsider (ECF 11) and amendment to her motion (ECF 13) are DENIED as moot; and Petitioner's objections (ECF 16) are DENIED.

I. Background

Petitioner, Tammy S. Wilson, is currently incarcerated on a first degree murder charge, serving a life term of imprisonment with the possibility of parole. Judge Eifert's proposed findings and recommendations accurately recount the factual history of the underlying crime, so the Court will not repeat it here. The Court's background inquiry will instead be limited to a brief recounting of the procedural history of Petitioner's efforts to obtain release on parole. Petitioner has met with the West Virginia Parole Board on three separate occasions, being denied parole each time. See West Virginia Parole Board Recommendations/Decisions, ECF 2-3. Following the most recent Parole Board meeting, on August 26, 2010, Petitioner filed a petition for a writ of habeas corpus ad subjiciendum in the Supreme Court of Appeals of West Virginia, which that court denied in a cursory opinion-apparently ...


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