Prophet v. Ballard

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ANTONIO PROPHET, Petitioner, v. // CIVIL ACTION NO. 1:16CV178 (Judge Keeley) DAVID BALLARD, Warden, Respondent. MEMORANDUM OPINION AND ORDER ADOPTING-IN-PART REPORT AND RECOMMENDATION [DKT. NO. 68], DENYING AS MOOT RESPONDENT’S MOTION TO DISMISS [DKT. NO. 53] AND REMANDING THE CASE Pending for review is the Petition Under

28 U.S.C. § 2254

for Writ of Habeas Corpus by a Person in State Custody filed by the pro se petitioner, Antonio Prophet (“Prophet”)(Dkt. No. 13), together with a motion to dismiss filed by the…