District Court, S.D. West Virginia March 16, 1995, Civ. A. 3:94-1094 (Moore v. Kirby)

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

The Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on December 19, 1994. Pending before the Court is the Respondent’s motion to dismiss for failure to exhaust state remedies, and Petitioner’s motion for summary judgment and motion for default judgment.