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Case 1:13-cv-00117-IMK-JSK Document 31 Filed 07/30/13 Page 1 of 2 PageID #: 185

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

RAY LOY,

v.

Petitioner,

//

CIVIL ACTION NO.113CV117

(Judge Keeley)

EVELYN SEIFERT, Warden,
Northern Correctional Facility,

Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION

On March 28, 2013, the pro se petitioner, Ray Loy (“Loy”),
filed a petition pursuant to 28 U.S.C. § 2254. (Dkt. No. 1). The
Court referred this matter to United States Magistrate Judge John
S. Kaull for initial screening and a report and recommendation in
accordance with LR PL P 2. On July 24, 2013, the respondent, Evelyn
Seifert (“Seifert”), filed a motion to dismiss the petition as
untimely. (Dkt. No. 27). Two days later, on July 26, 2013, the
magistrate judge issued an Opinion and Report and Recommendation
(“R&R”) in which he recommended that Seifert’s motion to dismiss be
denied, as “the petition is clearly timely.” (Dkt. No. 29 at 5).
Seifert filed a response in support of the R&R on July 30, 2013,
conceding her error. (Dkt. No. 30). Consequently, the Court ADOPTS
the Report and Recommendation in its entirety (dkt. no. 29), DENIES
the motion to dismiss (dkt. no. 27), and ORDERS Seifert to file an
answer to the petition within twenty-eight (28) days from the date
of the entry of this Order. Her answer shall comply with Rule 5 of

Case 1:13-cv-00117-IMK-JSK Document 31 Filed 07/30/13 Page 2 of 2 PageID #: 186

LOY v. SEIFERT

1:13CV117

ORDER ADOPTING REPORT AND RECOMMENDATION

the Rules Governing Section 2254 proceedings.

It is so ORDERED.
The Court directs the Clerk of Court to transmit copies of
this Orders to counsel of record and to the pro se petitioner,
certified mail, return receipt requested.

Dated: July 30, 2013.

/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE

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