Smith v. United States of America, No. 3:2010cv01398 - Document 472 (S.D.W. Va. 2012)
Court Description: MEMORANDUM OPINION AND ORDER as to Leoditus A. Smith; accepting and incorporating the Magistrate Judge's 469 Proposed Findings and Recommendation; denying Movant's 425 MOTION to Vacate, Set Aside or Correct Sentence (2255) and his 466 MOTION to Supplement Pleadings; dismissing this action with prejudice and removing it from the docket of this Court. Signed by Judge Robert C. Chambers on 8/10/2012. (cc: Judge, attys, and any unrepresented parties) (mkw)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION LEODITUS ARAMUS SMITH, Movant, v. CIVIL ACTION NO. 3:10-1398 (Criminal No. 3:09-00158-06) UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny Movant s Application Under 28 U.S.C. § 2255 for Writ of Habeas Corpus by a Person in State or Federal Custody (Doc. #425) and his Motion to Supplement Pleadings (Doc. #466), dismiss this civil action with prejudice, and remove it from the docket of this Court. Neither party has filed objections to the Magistrate Judge s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Movant s Application Under 28 U.S.C. § 2255 for Writ of Habeas Corpus by a Person in State or Federal Custody (Doc. #425) and his Motion to Supplement Pleadings (Doc. #466), DISMISSES this civil action with prejudice, and removes it from the docket of this Court, consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: August 10, 2012 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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