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STATE EX REL. MASSEY v. HUN

No. 23647.

478 S.E.2d 579 (1996)

197 W.Va. 729

STATE of West Virginia ex rel. Russell MASSEY, Petitioner, v. Nicholas HUN, Commissioner, West Virginia Division of Corrections, and George Trent, Warden, Mt. Olive Correctional Center, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 16, 1996.

Attorney(s) appearing for the Case

Thomas W. Smith, Smith & Curnutte, Charleston, for Petitioner.

Darrell V. McGraw, Jr., Attorney General, Donald Darling, Senior Deputy Attorney General, Chad M. Cardinal, Assistant Attorney General, Charleston, for Respondents.

PER CURIAM:1

In this original proceeding in mandamus, Russell Massey seeks to compel state prison officials to "act immediately to effectuate ... [his] transfer to federal custody." Although Mr. Massey was sentenced by the state court to serve, in federal custody, his state sentences concurrently with his federal sentence, the federal district court ordered his federal sentence to be served consecutively with his state sentences. Because...

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