Phillips v. USA, No. 5:2007cv00165 - Document 6 (N.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE: The magistrate judge's 4 Report and Recommendation is hereby AFFIRMED and ADOPTED in its entirety. Accordingly, the petitioner's 1 Motio n to Vacate/Set Aside/Correct Sentence (2255) is DENIED and DISMISSED WITH PREJUDICE. It is ORDERED that this civil action be DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to enter judgment pursuant to FRCP 58. Signed by Senior Judge Frederick P. Stamp, Jr. on 8/28/2009. (Copy to pro se petitioner (via cm/rrr), counsel) (kac) (Additional attachment(s) added on 8/28/2009: # 1 Certified Mail Receipt) (kac).