Smith v. United States of America, No. 3:2016cv05692 - Document 61 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 60 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; denying Movant's 49 Emergency Motion to Correct Sentence Under 28 U.S.C. § 2255; denying as moot the United States' 55 Motion to Dismiss; and removing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 11/9/2017. (cc: counsel of record; any unrepresented parties) (jsa)

Download PDF
Smith v. United States of America Doc. 61 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION ANTONIO MICHAEL SMITH, Petitioner, v. CIVIL ACTION NO. 3:16-5692 (Criminal No. 3:13-00145) UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Omar J. Aboulhosn, 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 deny Movant’s “Emergency Motion to Correct Sentence Under 28 U.S.C. § 2255” (ECF No. 49), deny as moot the United States’ Motion to Dismiss (ECF No. 55), and remove this matter from the Court’s docket. 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 DENIES Movant’s “Emergency Motion to Correct Sentence Under 28 U.S.C. § 2255” (ECF No. 49), DENIES as moot the United States’ Motion to Dismiss (ECF No. 55), and REMOVES this matter from the Court’s docket, 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: November 9, 2017 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.