Daniel v. United States of America, No. 3:2005cv00878 - Document 253 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND ORDER Adopting Proposed Findings and Recommendation re: 185 Motion / Application / Petition for Modification or Reduction of Sentence (3582) filed by Lonnie Richard Daniel, 247 Proposed Findings and Recommendations by Magis trate Judge; motion for modification of sentence is dismissed and this action stricken from the docket of the court. Signed by Judge Robert C. Chambers on 9/14/2010. (cc: attys; any unrepresented party) (dcm) Modified on 9/14/2010 to correct document number (dcm).

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Daniel v. United States of America Doc. 253 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION LONNIE RICHARD DANIEL, Movant, v. CIVIL ACTION NO. 3:05-878 (Criminal action No. 3:97-00073-02) 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 Court dismiss Movant’s Motion for Modification of Sentence under 18 U.S.C. § 3582(c)(2) pursuant to Amendment 668 filed on October 28, 2005 (Document #185), and remove this matter from the Court’s docket. 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 for Modification of Sentence under 18 U.S.C. § 3582(c)(2) pursuant to Amendment 668 filed on October 28, 2005 (Document #185), and removes this matter from the Court’s docket, 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 14, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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