Cisco v. United States of America, No. 3:2016cv07275 - Document 43 (S.D.W. Va. 2018)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 42 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that Movant's 23 Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a P erson in Federal Custody be denied as untimely; Respondent's 28 Motion be denied as moot; and that this action be dismissed, with prejudice, and removed from the docket of the court. Signed by Judge Robert C. Chambers on 10/5/2018. (cc: counsel of record; any unrepresented parties) (jsa)
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Cisco v. United States of America Doc. 43 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION KENNETH RAY CISCO, Movant, v. CIVIL ACTION NO. 3:16-07275 Criminal No. 3:15-00007 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 Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, (ECF No. 23), be denied as untimely; Respondent’s motion, (ECF No. 28), be denied as moot; and that this action be dismissed, with prejudice, and removed from the docket of the 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 the Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, (ECF No. 23), be DENIED as untimely; Respondent’s motion, (ECF No. 28), be DENIED as moot; and that this action be Dockets.Justia.com DISMISSED, with prejudice, and removed from the docket of the 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: October 5, 2018 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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