Sanders v. United States of America, No. 3:2009cv00844 - Document 122 (S.D.W. Va. 2011)
Court Description: MEMORANDUM OPINION AND ORDER as to Warren Sanders. The Court accepts and incorporates herein the 121 Proposed Findings and Recommendations of the Magistrate Judge, denies Movant's 113 Motion to Vacate, Set Aside or Correct Sentence by a pers on in Federal Custody, dismisses this action with prejudice and removes it from the docket of this Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 7/20/2011. (cc: Judge, USA, USP, USM, counsel, deft) (skm) Modified text to conform to filed document on 7/20/2011. (jkk).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION WARREN SANDERS, Movant, v. CIVIL ACTION NO. 3:09-0844 (CRIMINAL ACTION NO. 3:03-00086) UNITED STATES OF AMERICA, 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 recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Movant s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. #113) be denied, and this action be dismissed, with prejudice, and removed from the docket of this Court. 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 Movant s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. #113), and DISMISSES this action with prejudice, and removes it from the docket of this Court, consistent with the findings and recommendation. 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 20, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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