Smith v. USA, No. 1:2012cv00161 - Document 6 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGES REPORT AND RECOMMENDATION THAT PETITIONERS 28 U.S.C. § 2255 PETITION BE DENIED. DENIES as to 1 Motion to Vacate, Set Aside or Correct Sentence (2255). It is further ORDERED that this case be DISMISSED WITH PREJUDICE and STRICKEN from the active docket of this Court. Signed by Senior Judge Frederick P. Stamp, Jr on 10/10/2013. (Copy counsel of record via CM/ECF, pro se petitioner via certified mail)(jmm)