Porter v. United States of America

Filing 81

MEMORANDUM OPINION AND ORDER Adopting 79 Proposed Findings and Recommendation and denying 75 Motion / Application / Petition for Miscellaneous Relief filed by Terry L. Porter, and 65 Motion / Application / Petition to Vacate, Set Aside or Correct Sentence (2255), filed by Terry L. Porter. Signed by Judge Robert C. Chambers on 9/15/2010. (cc: attys; any unrepresented party) (dcm) Modified on 9/15/2010 to edit text for clarity (dcm).

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Porter v. United States of America Doc. 81 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION TERRY L. PORTER, Movant, Case No. 3:07-cv-00037 Case No. 3:05-cr-00208-01 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny Defendant's 2255 Motion (Doc. #65) and deny his Supplement Motion (Doc. #75). Neither party has filed objections to the Magistrate Judge's findings and recommendation. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Defendant's 2255 Motion (Doc. #65) and DENIES his Supplement Motion (Doc. #75), consistent with the findings and recommendation. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: September 15, 2010 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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