Miller v. United States of America, No. 3:2020cv00138 - Document 124 (S.D.W. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 123 Proposed Findings and Recommendations by Magistrate Judge Cheryl A. Eifert; denying the Movant's 1 Motion to Vacate, Set Aside or Correct Sentence (2255); dismissing with prejudice the civil action, and removing it from the docket of this Court. Signed by Judge Robert C. Chambers on 12/1/2020. (cc: counsel of record; any unrepresented parties) (hkl)
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Miller v. United States of America Doc. 124 Case 3:20-cv-00138 Document 124 Filed 12/01/20 Page 1 of 2 PageID #: 47 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION LAMONT LEE MILLER, Movant, v. Case No. 3:20-cv-00138 Case No. 3:11-cr-00062-01 Case No. 3:11-cr-00192-01 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 recommendations 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 to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 111) be denied, and that 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 recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and ORDERS that Movant’s Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 111) be DENIED, and that this civil action be DISMISSED, with prejudice, and REMOVED from the docket of this Court, consistent with the findings and recommendations. Dockets.Justia.com Case 3:20-cv-00138 Document 124 Filed 12/01/20 Page 2 of 2 PageID #: 48 The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: December 1, 2020 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-
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