Stewart v. USA, No. 5:2012cv00104 - Document 12 (N.D.W. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 8 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE. The petitioner's motion to vacate, set aside or correct his sentence 1 pursuant to 28 U.S.C. § 2255 is DENIED and DISMISSED WITH PREJU DICE. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr on 12/19/2013. (copy to Pro Se Petitioner via Certified Mail,rrr; copy to counsel of record via CM/ECF) (nmm) (Additional attachment(s) added on 12/19/2013: # 1 Certified Mail Return Receipt) (nmm).