Case 1:13-cv-00117-IMK-JSK Document 66 Filed 01/17/14 Page 1 of 2 PageID #: 1077
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
CIVIL ACTION NO.1:13CV117
EVELYN SEIFERT, Warden,
Northern Correctional Facility,
ORDER ADOPTING REPORT AND RECOMMENDATION ON PETITIONER’S MOTION
FOR SUMMARY JUDGMENT [Dkt. No. 48]
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 the 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 August 29, 2013, Loy filed a motion
for summary judgment. (Dkt. No. 39).
On October 22, 2013, Magistrate Judge Kaull issued an Opinion
and Report and Recommendation (“R&R”), in which he recommended that
Loy’s motion for summary judgment be denied (dkt. no. 48) as
premature because the respondent has not yet answered the petition.
The R&R also specifically warned Loy that his failure to
object to the recommendation would result in the waiver of any
appellate rights he might otherwise have on this issue. The parties
did not file any objections to the magistrate judge’s
recommendation on Loy’s motion for summary judgment. Consequently,
finding no clear error, the Court ADOPTS the Report and
Case 1:13-cv-00117-IMK-JSK Document 66 Filed 01/17/14 Page 2 of 2 PageID #: 1078
LOY v. SEIFERT
ORDER ADOPTING REPORT AND RECOMMENDATION
Recommendation (dkt. no. 48) and DENIES Loy’s motion for summary
judgment (dkt. no. 39).
It is so ORDERED.
The Clerk is directed to transmit copies of the order to
counsel of record and the pro se petitioner, certified mail, return
Dated: January 17, 2014.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE