Young v. United States of America

Filing 139

MEMORANDUM OPINION AND ORDER adopting 138 Proposed Findings and Recommendations; denying as untimely 126 & 130 MOTIONS to Vacate, Set Aside or Correct Sentence (2255) by Joseph Paul Young; denying as moot government's 134 MOTION to Withd raw Referral to Magistrate Judge and MOTION to Stay Case Pending Supreme Court Ruling as to Joseph Paul Young; denying as moot government's 135 MOTION to File Under Seal, re: Exhibit 1 to Motion to Withdraw Referral to Magistrate Judge and Mot ion to Stay Case Pending Supreme Court Ruling as to Joseph Paul Young; directing that this action is dismiss with prejudice and removed from the docket of the Court. Signed Signed by Judge John T. Copenhaver, Jr. on 1/16/2018. (cc: attys; any unrepresented party, Mag. Judge) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JOSEPH PAUL YOUNG,
Movant,
v.

Civil Action No. 2:16-cv-05813
Criminal Action No. 2:08-cr-00226

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM OPINION AND ORDER
This action was previously referred to Cheryl A.
Eifert, United States Magistrate Judge, who has submitted her
Proposed Findings and Recommendation pursuant to the provisions
of 28 U.S.C. § 636(b)(1)(B).

The court has reviewed the Proposed Findings and
Recommendation entered by the magistrate judge on December 12,
2017.

The magistrate judge recommends “that the Motion to

Vacate, Set Aside, or Correct Sentence by a Person in Federal
Custody pursuant to 28 U.S.C. § 2255 be denied as untimely;
Respondent’s motions be denied as moot; and that this action be
dismissed, with prejudice, and removed from the docket of the
court.”

(ECF #138 at 5 (emphases and citations omitted).)

The

movant, represented by counsel, has not objected to the Proposed
Findings and Recommendation.

a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
Defendants.
ORDER AND NOTICE
Accordingly, it P. 16.1, that:
Pursuant to L.R. Civ.is ORDEREDit is ORDERED that the
following dates are hereby fixed as the time by or on which
certain events must occur:
1. The Proposed Findings and Recommendations be, and hereby
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
supporting briefs, memoranda, affidavits, or other
is, adopted by the court;
such matter in support thereof. (All motions
unsupported by to vacate, set aside, or correct
2. The movant’s motionmemoranda will be denied without his
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
sentence be, and hereby is, denied as untimely;
02/08/2016
Last day for Rule 26(f) meeting.
3.
02/15/2016 The respondent’sfile Report of Parties= Planning
Last day to motions be, and hereby are, denied as
Meeting. See L.R. Civ. P. 16.1.
moot; and

02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
4. This action be, and hereby is, dismiss with prejudice and
Byrd United States Courthouse in Charleston, before
the undersigned, unless canceled. Lead counsel
removed from the docket of the court.
directed to appear.
02/29/2016

Entry of scheduling order.
The Clerk is directed to forward copies of this
03/08/2016
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
written opinion and order to all counsel of record and the
The Clerk is requested to transmit this Order and
United States Magistrate Judge.
Notice to all counsel of record and to any unrepresented
parties.

ENTER: January 16, 2018
DATED: January 5, 2016

John T. Copenhaver, Jr.
United States District Judge

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