Davis v. United States of America

Filing 137

MEMORANDUM OPINION AND ORDER as to Kevin Wayne Davis The court ADOPTS the Proposed Findings and Recommendation of the Magistrate Judge (ECF No. 133); DENIES movant's 116 Section 2255 Motion; and therefore ORDERS that this case be dismissed. Signed by Senior Judge John T. Copenhaver, Jr. on 4/26/2021. (cc: movant, counsel of record, and U. S. Magistrate Judge) (arb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
KEVIN WAYNE DAVIS,
Movant,
v.

Civil No. 2:18-cv-01196
Criminal No. 2:15-cr-00119

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM OPINION AND ORDER
The court having received the Proposed Findings and
Recommendation of United States Magistrate Judge Omar J.
Aboulhosn, entered on September 16, 2020; and the Magistrate
Judge having recommended that the court deny the movant’s
“Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct
Sentence by a Person in Federal Custody,” and thus dismiss the
matter; and no objection having been filed to the Proposed
Findings and Recommendation, it is ORDERED that 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.
It is, therefore, ORDERED that this case be, and it
hereby is, dismissed.

The Clerk is directed to transmit copies of this
memorandum opinion and order to the movant, all counsel of
record, and the United States Magistrate Judge.
ENTER:

2

April 26, 2021