Fortner v. United States of America, No. 3:2005cv00263 - Document 110 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER Dissmissing as moot 87 MOTION to Vacate, Set Aside or Correct Sentence (2255); adopting Findings and Recommendations re 109 Proposed Findings and Recommendations. Signed by Judge Robert C. Chambers on 7/8/2010. (cc: attys; any unrepresented party) (skm)
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Fortner v. United States of America Doc. 110 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION CHARLES EDWARD FORTNER, Movant, v. CIVIL ACTION NO. 3:05-0263 (Criminal Action No. 3:03-00110-01) UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable R. Clarke VanDervort, 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 District Court dismiss Movant s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody filed on March 31, 2005 (Doc. No. 87), as moot. 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 DISMISSES Movant s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody filed on March 31, 2005, as moot, 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: July 8, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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