Powell v. United States of America, No. 3:2014cv25794 - Document 228 (S.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 227 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that the 199 Motion to Vacate, Set Aside or Correct Sentence (2255) filed by Deon Powell be DENIED, and that this civil action be DISMISSED and REMOVED from the docket of the Court. Signed by Judge Robert C. Chambers on 9/2/2016. (cc: Judge, counsel of record, any unrepresented parties) (jsa)

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Powell v. United States of America Doc. 228 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DEON POWELL, Movant, v. CIVIL ACTION NO. 3:14-25794 (Criminal Action No. 3:11-00177-01) 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 the motion filed by Petitioner entitled “Motion to Vacate, Set Aside or Otherwise Correct a Sentence by a Person in Federal Custody, Pursuant to 28 U.S.C. § 2255 (ECF No. 199) be denied, and that this civil action be dismissed and removed from the docket of the Court. Neither party has filed objections to the Magistrate Judge=s findings and recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and ORDERS that the motion filed by Petitioner entitled “Motion to Vacate, Set Aside or Otherwise Correct a Sentence by a Person in Federal Custody, Pursuant to 28 U.S.C. § 2255 (ECF No. 199) be DENIED, and that this civil action be DISMISSED and REMOVED from the docket of the Court, consistent with the findings and recommendations. 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 2, 2016

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