Bowles v. United States of America

Filing 67

MEMORANDUM OPINION AND ORDER adopting 65 Proposed Findings and Recommendations; denying 63 MOTION for Relief under the Johnson/Welch Cases as to the Armed Career Criminal Act; denying 55 MOTION to Vacate, Set Aside or Correct Sentence (2255); directing that this matter be remove from the docket. Signed by Judge Joseph R. Goodwin on 9/7/2018. (cc: attys; any unrepresented party; Mag. Judge) (tmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION SHANTE BOWLES Petitioner, v. CIVIL ACTION NO. 2:15-cv-05268 (Criminal No. 2:07-cr-00133) UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to United States Magistrate Judge Omar J. Aboulhosn for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). On August 16, 2018, Judge Aboulhosn submitted his Proposed Findings of Fact and Recommendation [ECF No. 65] (“PF&R”), recommending the court deny Movant’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody [ECF No. 55] and Supplemental Section 2255 Motion [ECF No. 63] and remove the matter from its docket. No objections to Judge Aboulhosn’s PF&R have been filed. Accordingly, the court ADOPTS and INCORPORATES herein the PF&R. For the reasons stated, the court DENIES the Movant’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody [ECF No. 55] and Supplemental Section 2255 Motion [ECF No. 63] and REMOVES this matter from the docket. The court DIRECTS the Clerk to send a copy of this Memorandum Opinion and Order to counsel of record, any unrepresented party, and the United States Magistrate Judge. ENTER: September 7, 2018

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