Burris v. United States of America, No. 3:2016cv05693 - Document 44 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 43 Proposed Findings and Recommendations by Magistrate Judge Tinsley; lifting the stay, reinstating this matter to the active docket, denying Defendant's 21 EMERGENCY MOTION to Correct Sentence under 28 U.S.C. § 2255 and his 26 and 32 SUPPLEMENTAL MOTIONS, and dismissing this civil action from the docket of the Court. Signed by Judge Robert C. Chambers on 10/20/2020. (cc: counsel of record; any unrepresented parties) (jsa)
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Burris v. United States of America Doc. 44 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION KAMEL BURRIS, Movant, v. Case No. 3:16-05693 Case No. 3:14-00067 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Dwane L. Tinsley, 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 lift the stay, reinstate this matter to the active docket, deny Defendant’s Emergency Motion to Correct Sentence under 28 U.S.C. § 2255 (ECF No. 21) and his Supplemental Motions (ECF Nos. 26 and 32), and dismiss this civil action from the docket of the 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 LIFTS the stay, REINSTATES this matter to the active docket, DENIES Defendant’s Emergency Motion to Correct Sentence under 28 U.S.C. § 2255 (ECF No. 21) and his Supplemental Motions (ECF Nos. 26 and 32), and DISMISSES this civil action from the docket of the Court, 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: October 20, 2020 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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