Buzzard v. United States of America, No. 2:2021cv00292 - Document 85 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 83 Proposed Findings and Recommendations; denying 54 MOTION to Vacate, Set Aside or Correct Sentence (2255); denying 72 MOTION for Hearing; denying 47 MOTION to Vacate, Set Aside or Correct Sentence (2255) and directing that this action is dismissed with prejudice, and removed from the docket of the Court. Signed by Judge Robert C. Chambers on 3/23/2022. (cc: counsel of record; any unrepresented parties) (tmr)
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Buzzard v. United States of America Doc. 85 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION DAVID DEAN BUZZARD, JR., Movant, v. UNITED STATES OF AMERICA, CIVIL ACTION NO. 2:21-0292 CRIMINAL ACTION NOS. 3:08-00014 2:13-00005 Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted Findings of Fact and recommended that the Motion and Amended Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 and Motion Seeking a Hearing (ECF Nos. 47, 54, 72) be denied, and that this action be dismissed, with prejudice, and removed from the docket of the Court. No objections to the Magistrate Judge’s findings and recommendations have been filed. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and ORDERS that the Motion and Amended Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 and Motion Seeking a Hearing (ECF Nos. 47, 54, 72) be DENIED, and that this action be DISMISSED, with prejudice, and removed from the docket of the Court, consistent with the findings and recommendations. 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: March 23, 2022 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE
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