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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA JEFFREY ALLEN NALLY, JR., Petitioner, v. EVELYN SEIFERT, Warden, Respondent. MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION I. Background Civil Action No. 5:12CV85 (STAMP)

On April 4, 2012, the pro se1 petitioner, Jeffrey Allen Nally, Jr., pled guilty, pursuant to a plea agreement, to one count of being a prohibited person in possession of a firearm and nine counts of animal cruelty. The petitioner was sentenced in the

Circuit Court of Hancock County, West Virginia to a term of imprisonment of one year on the firearms charge, and no less than one nor more than five years on each of the nine counts of animal cruelty, to be served consecutively, for a total prison term of not less than ten nor more than forty-five years. Further, the state

agreed to dismiss the remaining counts of the thirty-one count indictment, to not pursue a recidivist charge, and to allow the petitioner to return to the trial court after the first five years of his sentence if he had no major infractions or other criminal

"Pro se" describes a person who represents himself in a court proceeding without the assistance of a lawyer. Black's Law Dictionary 1341 (9th ed. 2009).

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conduct during that time, and to receive a sentence reduction which would place him on probation for five years. not directly appeal his conviction. On The petitioner did 12, 2012, the

June

petitioner filed a pro se petition for writ of habeas corpus in the Circuit Court of Hancock County. In this state petition for habeas corpus, the petitioner the made of the an following claims: (1) his and

conviction

was

result

unconstitutional

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seizure; (2) ineffective assistance of counsel; (3) his conviction resulted from a Brady2 violation; and (4) his guilty plea was involuntary. This state habeas petition was denied in its entirety on June 16, 2012, and the petitioner did not appeal that denial. On the same day that he filed his state habeas petition, he filed this petition for habeas corpus pursuant to 28 U.S.C.

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