Cooke v. United States of America, No. 1:2006cv00946 - Document 64 (S.D.W. Va. 2009)
Court Description: MEMORANDUM OPINION AND ORDER adopting 63 the Proposed Findings and Recommendation of Magistrate Judge VanDervort; denying plaintiff's 58 and 61 MOTIONS to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Tit le 28, United States Code, Section 2255, and directing the Clerk to remove this matter from the Court's docket. Signed by Judge David A. Faber on 11/23/2009. (cc:counsel of record and plaintiff, pro se) (mjp) Modified on 11/24/2009 to correct clerical error (jkk).
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD GEORGE COOKE Plaintiff, v. CIVIL ACTION NO. 1:06-0946 (Criminal No. 1:04-00013) UNITED STATES OF AMERICA, Defendant. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. § 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on October 20, 2009, in which he recommended that the District Court deny plaintiff s motion under 28 U.S.C. § 2255 and remove this matter from the court s active docket. In accordance with the provisions of 28 U.S.C.A. § 636(b), the parties were allotted ten days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort s Findings and Recommendation. The failure of any party to file such objections constitutes a waiver of such party's right to a de novo review by this court. Cir. 1989). Snyder v. Ridenour, 889 F.2d 1363 (4th The parties failed to file any objections to the Magistrate Judge's Findings and Recommendation within either thirteen-day period. Having reviewed the Findings and Recommendation filed by Magistrate Judge VanDervort, the court adopts the findings and recommendations contained therein. Accordingly, the court hereby DENIES plaintiff s § 2255 motion, DISMISSES this matter, and directs the Clerk to remove this case from the court s active docket. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to plaintiff, pro se, and counsel of record. IT IS SO ORDERED this 23rd day of November, 2009. ENTER: David A. Faber Senior United States District Judge 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
