Chappalear v. United States of America, No. 3:2012cv03482 - Document 637 (S.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER as to Mark Chappelear; accepting and incorporating the 636 findings and recommendation of the Magistrate Judge; denying Movant's 601 MOTION to Vacate, Set Aside or Correct Sentence (2255); DISMISSING the civil action, with prejudice, and removing it from the docket of this Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 11/26/2013. (cc: Judge, USA, counsel, movant) (mkw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MARK CHAPPALEAR, Movant, v. CIVIL ACTION NO. 3:12-3482 (Criminal No. 3:10-00111-05) 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 Movant s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 601) be denied; this civil action be dismissed, with prejudice, and removed from the docket of this Court. Neither party has filed objections to the Magistrate Judge=s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and ORDERS that Movant s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 601) be DENIED and this civil action be DISMISSED, with prejudice, and removed from the docket of this Court, consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: -2- November 26, 2013

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