Moore v. United States of America, No. 3:2009cv01262 - Document 162 (S.D.W. Va. 2011)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 161 Proposed Findings and Recommendations; denying 126 MOTION by Ethan J. Moore to Correct Clear Sentencing Error in Order to Prevent a Manifest Injustice (construed by the Court as a Motion to Vaca te, Set Aside or Correct Sentence), denying 159 Request for Leave to Withdraw Motion to Correct Clear Sentencing Error filed by Ethan J. Moore; action dismissed with prejudice and removed from the docket of the Court. Signed by Judge Robert C. Chambers on 9/16/2011. (cc: attys; any unrepresented party) (dcm) Modified on 9/16/2011 to conform description of the motions to the Order. (jkk)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION ETHAN JEROME MOORE, Movant, v. CIVIL ACTION NO. 3:09-1262 (Criminal NO. 3:99-00090) 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. ยง 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that Movant s Motion to Correct Clear Sentencing Error in Order to Prevent a Manifest Injustice (Doc. # 126) be denied; Movant s Request Leave to Withdraw the Motion to Correct Clear Sentencing Error (Doc. #159) be denied; and this civil 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 to Correct Clear Sentencing Error in Order to Prevent a Manifest Injustice (Doc. # 126); DENIES Movant s Request Leave to Withdraw the Motion to Correct Clear Sentencing Error (Doc. #159); and DISMISSES this civil 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: September 16, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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