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BUFFEY v. BALLARD

Criminal Action No. 5:12CV58.

JOSEPH A. BUFFEY, Petitioner, v. DAVID BALLARD, Warden, Respondent.

United States District Court, N.D. West Virginia.

July 5, 2012.

Attorney(s) appearing for the Case

Joseph A. Buffey, Petitioner, represented by Allan N. Karlin , Allan N. Karlin & Associates, Barry Scheck , Innocence Project, Inc., Pro Hac Vice, Nina Morrison , Innocence Project, Inc., Pro Hac Vice & Sarah Wagner Montoro , Allan N Karlin & Associates.

David Ballard, Warden, Respondent, represented by Robert D. Goldberg , Attorney General's Office- Charleston & Silas B. Taylor , Office of the Attorney General.

MEMORANDUM OPINION AND ORDER DECLINING TO AFFIRM AND ADOPT THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AS PRESENTED BUT DISMISSING HABEAS PETITION; DENYING UNOPPOSED MOTION FOR STAY; AND GRANTING MOTION TO EXCEED PAGE LIMITATION

FREDERICK P. STAMP, Jr., District Judge.

I. Background1

In January 2002, the Harrison County, West Virginia grand jury returned two indictments...

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