Tyler v. USA, No. 5:2014cv00115 - Document 15 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 7 THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION in its entirety and the petitioner's objections are OVERRULED. Accordingly, 1 the petitioner's motion to vacate, set aside or co rrect 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. Should the petitioner choose to appeal this judgment, he is ADVISED that he m ust file a notice of appeal with the Clerk of this Court within 60 days after the date of entry of this order. This Court notes, however, that the petitioner has already filed a notice of appeal with the Fourth Circuit. The notice of appeal was filed after the report and recommendation was entered but before this Court was able to consider the report and the petitioner's objections thereto. This Court finds that it is inappropriate to issue a certificate of appealability in this matter. Acc ordingly, the petitioner 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 5/1/2015. (copy to counsel of record via CM/ECF; copy to Pro Se Petitioner via CM, rrr) (nmm) (Additional attachment(s) added on 5/1/2015: # 1 Certified Mail Return Receipt) (nmm).