Buzzard v. United States of America, No. 3:2020cv00600 - Document 20 (S.D.W. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER accepting and incorporating the 19 Proposed Findings and Recommendations by Magistrate Judge Cheryl A. Eifert; granting the Respondent's 10 request that the action be dismissed; denying the Petitioner's 3 Petition for Writ of Mandamus; denying as moot the Petitioner's 12 Motion for an Emergency Hearing; removing this action from the docket of the Court. Signed by Judge Robert C. Chambers on 12/2/2020. (cc: counsel of record; any unrepresented parties) (hkl)

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Buzzard v. United States of America Doc. 20 Case 3:20-cv-00600 Document 20 Filed 12/02/20 Page 1 of 2 PageID #: 87 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION DAVID DEAN BUZZARD, JR., Petitioner, v. CIVIL ACTION NO. 3:20-0600 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 Respondent’s request that the action be dismissed (ECF No. 10) be granted; that Petitioner’s Petition (ECF No. 3) be denied; and that Petitioner’s Motion for an Emergency Hearing (ECF No. 12) be denied as moot 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 recommendations of the Magistrate Judge and ORDERS that that Respondent’s request that the action be dismissed (ECF No. 10) be GRANTED; that Petitioner’s Petition (ECF No. 3) be DENIED; and that Petitioner’s Motion for an Emergency Hearing (ECF No. 12) be DENIED as moot, and that this action be REMOVED from the docket of the Court, consistent with the findings and recommendations. Dockets.Justia.com Case 3:20-cv-00600 Document 20 Filed 12/02/20 Page 2 of 2 PageID #: 88 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 2, 2020 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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