Hegmon v. United States of America

Filing 95

MEMORANDUM OPINION AND ORDER as to Michael L. Hegmon; the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and Dismisses with prejudice Movant's Motion and Amended Motion Under 28 USC 2255 to Vacat e, Set Aside or Correct Sentence by a Person in Federal Custody (Docs 75 and 85 ); and Denies Movant's Application to proceed without prepayment of fees or costs consistent with the findings and recommendation.Signed by Judge Robert C. Chambers on 3/11/2011. (cc: attys; any unrepresented party) (skm)

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Hegmon v. United States of America Doc. 95 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION MICHAEL LEROY HEGMON, Movant, v. UNITED STATES OF AMERICA, Respondent. CIVIL ACTION NO. 3:08-0888 (Criminal No. 3:06-00052) MEMORANDUM OPINION AND ORDER This action was referred to the Honorable Cheryl A. Eifert, 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 Movant's Motion and Amended Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. #s 75 and 85) be dismissed with prejudice; and Movant's application to proceed without prepayment of fees or costs (Doc. # 1) be denied. 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 DISMISSES with prejudice Movant's Motion and Amended Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. #s 75 and 85); and DENIES Movant's application to proceed without prepayment of fees or costs (Doc. # 1), consistent with the findings and recommendation. Dockets.Justia.com The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: March 11, 2011 ROBERT C. CHAMBERS UNITED STATES DISTRICT JUDGE -2-

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