Herto v. Murphy

IN THE UNTED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA Wheeling STEPHEN D. HERTO, Petitioner, v. Civil Action No. 5:17-CV-54 Judge Bailey JOHN T. MURPHY, Acting Warden, Respondent, REPORT AND RECOMMENDATION I. INTRODUCTION On May 1, 2017, the pro se petitioner, Stephen D. Herto (“petitioner”) filed a Petition Under

28 U.S.C. § 2254

for Writ of Habeas Corpus by a Person in State Custody. [Doc. 1]. Now pending before this Court are Respondent’s Motion for Judgment on the Pleadings [Doc. 109]1, filed June 7, 2024, and Petitioner’s Motion for Summary Judgments (sic) [Doc.…