Mitchell v. United States of America

Filing 123

MEMORANDUM OPINION AND ORDER; adopting 119 Proposed Findings and Recommendations; denying 87 MOTION to Vacate, Set Aside or Correct Sentence (2255) by Ricky Joe Mitchell; directing that this action be dismissed and removed from the docket of the Court. Signed by Judge John T. Copenhaver, Jr. on 8/1/2018. (cc: attys; any unrepresented party; United States Magistrate Judge Dwane L. Tinsley) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

RICKY JOE MITCHELL,
Movant,

v.

Civil Action No. 2:15-cv-05501
(Criminal No. 2:13-cr-00201)

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM OPINION AND ORDER

Pending before the court is movant’s pro se motion to
vacate, set aside, or correct his sentence pursuant to 28 U.S.C.
§ 2255 (ECF No. 87), filed on April 30, 2015.

This action was previously referred to the Honorable
Dwane L. Tinsley, United States Magistrate Judge, for submission
to the court of his Proposed Findings and Recommendation
(“PF&R”) for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).

On June 19, 2018, Magistrate Judge Tinsley entered his
PF&R.

In a thorough opinion, he recommended that the Section

2255 motion be denied, inasmuch as the movant is not entitled to

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
relief on any of the grounds asserted therein, and that this
THOMAS PARKER,
action be dismissed from the docket of the court.
Plaintiff,
v.

Civil Action No. 15-14025
Because neither party has filed objections, de novo
THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
review of theWelfare Benefits court has been waived.
an Employee matter by this Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
After due and proper consideration of the issues
Defendants.
raised, it is, accordingly, ORDERED as follows:
ORDER AND NOTICE
1. That the L.R. Civ. in Magistrateis ORDERED that the
Pursuant to findings P. 16.1, it Judge Tinsley’s
following dates are hereby fixed as the time by or on which
Proposed Findings and Recommendation be, and they
certain events must occur:
01/28/2016

2.
02/08/2016

Motions under F.R. and P. 12(b), together with
hereby are, adopted Civ. incorporated in full.
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
unsupported motion under 28 be denied without
That movant’sby memoranda will U.S.C. § 2255 be
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
denied inasmuch as the movant is not entitled to
Last day for Rule 26(f) meeting.

02/15/2016

the reliefto file Report of Parties= Planning
Last day he requests.
Meeting. See L.R. Civ. P. 16.1.

3.
02/22/2016

That this action be dismissed and removed from theC.
Scheduling conference at 4:30 p.m. at the Robert
Byrd United States Courthouse in Charleston, before
docket of the court.
the undersigned, unless canceled. Lead counsel
directed to appear.

The Clerk is directed to order. copies of this
02/29/2016
Entry of scheduling forward
03/08/2016
Last day to serve F.R. Civ.
26(a)(1) disclosures.
memorandum opinion and order to the movant,P all counsel of
record, andThe Clerk is requested to transmit this Order and
United States Magistrate Judge Dwane L. Tinsley.
Notice to all counsel of record and to any unrepresented
parties.
DATED: January 2018
DATED: August 1, 5, 2016
2

John T. Copenhaver, Jr.
United States District Judge