Allen v. United States of America, No. 3:2016cv05570 - Document 105 (S.D.W. Va. 2017)
Court Description: MEMORANDUM OPINION AND ORDER as to Marcus D. Allen accepting and incorporating the 103 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting Movant's 102 Motion to Voluntarily Dismiss § 2255 Motion; denying as mo ot the United States' 94 Motion to Dismiss and Suspend Briefing Schedule; dismissing Movant's 85 Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody; and removing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 5/23/2017. (cc: Judge, counsel of record, any unrepresented parties)(jsa)
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Allen v. United States of America Doc. 105 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MARCUS ALLEN, Movant, v. CIVIL ACTION NO. 3:16-5570 CRIMINAL ACTION NO. 3:09-00136 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Omar J. Aboulhosn, 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 grant Movant’s “Motion to Voluntarily Dismiss § 2255 Motion” (ECF No. 102), deny as moot the United States’ Motion to Dismiss and Suspend Briefing Schedule (ECF No. 94), dismiss Movant’s “Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody” (ECF No. 85), and remove this matter from the Court’s docket. 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 GRANTS Movant’s “Motion to Voluntarily Dismiss § 2255 Motion” (ECF No. 102), DENIES as moot the United States’ Motion to Dismiss and Suspend Briefing Schedule (ECF No. 94), DISMISSES Movant’s “Motion Under 28 U.S.C. § 2255 to Vacate, Set Dockets.Justia.com Aside or Correct Sentence by a Person in Federal Custody” (ECF No. 85), and REMOVES this matter from the Court’s docket, 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: May 23, 2017
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