Fuller v. United States of America

Filing 57

MEMORANDUM OPINION AND ORDER; adopting 56 Proposed Findings and Recommendations; denying 42 MOTION to Vacate, Set Aside or Correct Sentence (2255) by Cody Fuller; denying 46 MOTION to Amend by Cody Fuller; denying 47 MOTION to Amend by Cody Fuller; directing that this action be dismissed. Signed by Judge John T. Copenhaver, Jr. on 9/11/2018. (cc: attys; any unrepresented party; Mag. Judge) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
CODY FULLER,
Movant,
v.

Civil Action No. 2:16-cv-05221
Criminal Action No. 2:13-cr-00044-1

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Dwane L. Tinsley,
entered on June 25, 2018; and the magistrate judge having recommended
that the court deny movant Cody Fuller’s motion to vacate, set aside,
or correct sentence pursuant to 28 U.S.C. § 2255 and his motions to
amend his section 2255 motion; and deny as moot his letter-form
motions for relief under Johnson/Welch and for appointment of
counsel; and dismiss this civil action from the docket of the court;
and no objection having been filed to the Proposed Findings and
Recommendation, it is ORDERED that:
1.

The findings made in the Proposed Findings and

Recommendation of the magistrate judge be, and they hereby are,
adopted by the court and incorporated herein;
2.

Movant Cody Fuller’s motion to vacate, set aside, or

correct sentence pursuant to 28 U.S.C. § 2255, be, and it hereby is,
denied; and
3.

Movant’s motions to amend his Section 2255 motion be,

and they hereby are, denied; and
4.

Movant’s letter-form motions for relief under

Johnson/Welch and for appointment of counsel, be, and they hereby
are, denied as moot.
It is, therefore, ORDERED that the movant’s complaint be,
and it hereby is, dismissed.
The Clerk is directed to forward copies of this written
opinion and order to all counsel of record and the United States
Magistrate Judge.
DATED: September 11, 2018

John T. Copenhaver, Jr.
United States District Judge

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