Talley v. United States of America, No. 3:2007cv00407 - Document 94 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein re: 93 Proposed Findings and Recommendations by Magistrate Judge, and Dismisses 54 Motion / Application / Petition to Vacate, Set Aside or Correct Sentence (2255 filed by Kanton Talley and removes this matter from the Court's docket consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 9/16/2010. (cc: attys; any unrepresented party) (skm)
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Talley v. United States of America Doc. 94 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION KANTON TALLEY, Movant, v. CIVIL ACTION NO. 3:07-0407 CRIMINAL ACTION NO. 3:05-00207 UNITED STATES OF AMERICAN, 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 under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by Person in Federal Custody filed on June 28, 2007 (Doc. # 54), 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 under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by Person in Federal Custody filed on June 28, 2007 (Doc. # 54), 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 16, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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