Cooper v. United States of America, No. 2:2009cv01282 - Document 96 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER; Accepting and incorporating the 95 Proposed Findings and Recommendation; denying 76 MOTION to Vacate, Set Aside or Correct Sentence (2255); denying 82 AMENDED 2255 MOTION. Signed by Judge Robert C. Chambers on 9/15/2010. (cc: attys; any unrepresented party) (tmr)
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Cooper v. United States of America Doc. 96 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION WALTER MICHAEL COOPER, Movant, v. CIVIL ACTION NO. 2:09-1282 CRIMINAL ACTION NO. 2:06-00046 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, 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 Court deny Defendant’s request for the application of equitable tolling of the statute of limitations and deny Defendant’s Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 (Doc. #s 76 and 82) as untimely. Neither party has filed objections to the Magistrate Judge’s findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Defendant’s request for the application of equitable tolling of the statute of limitations and DENIES Defendant’s Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 (Doc. #s 76 and 82) as untimely, consistent with the findings and recommendation. Dockets.Justia.com The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: September 15, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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