Dyson v. USA, No. 5:2011cv00017 - Document 10 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE as to Michael Cassanova Dyson: For the reasons stated, the 6 report and recommendation of the magistrate judge is AFFIRMED and ADOPTED IN ITS ENTIRET Y. Accordingly, the petitioners 1 motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED. It is further ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The pet itioner is DENIED a certificate of appealability. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr on 6/3/2013. (kac) (Copy to counsel, pro se defendant (via cm/rrr)) (Additional attachment(s) added on 6/3/2013: # 1 Certified Mail Return Receipt) (kac).