Dixon v. United States of America

Filing 113

MEMORANDUM OPINION AND ORDER as to Marcus Dixon; accepting and incorporating Magistrate Judge Eifert's 107 Proposed Findings and Recommendation; denying Movant's 80 and 86 MOTIONS to Vacate, Set Aside or Correct Sentence (2255) and re quest for evidentiary hearing and the appointment of counsel; DISMISSING this action, with prejudice, from the docket of this Court, consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 1/12/2012. (cc: Judge, USA, counsel, movant) (mkw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

MARCUS DIXON,
Petitioner,
CIVIL ACTION NO. 3:10-1143
(CRIMINAL ACTION NO. 3:08-00032)

v.
UNITED STATES OF AMERICA,
Respondent.

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 under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct
Sentence by a Person in Federal Custody (Doc. #s 80 and 86) be denied; that Movant’s request for
evidentiary hearing and the appointment of counsel contained in his initial Motion (Doc. #80) be
denied; and that this civil action be dismissed, with prejudice, and removed from the docket of this
Court. 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 Movant’s Motion under 28 U.S.C. § 2255 to Vacate, Set
Aside, or Correct Sentence by a Person in Federal Custody (Doc. #s 80 and 86); DENIES Movant’s
request for evidentiary hearing and the appointment of counsel contained in his initial Motion (Doc.

#80); and DISMISSES this action, with prejudice, from the docket of this Court, 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:

January 12, 2012

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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