Plante v. United States of America

Filing 67

MEMORANDUM OPINION AND ORDER as to Joshua Dwayne Plante. The Court accepts and incorporates herein the 66 Findings and Recommendations of the Magistrate Judge and Orders that Movant's 50 Motion to Vacate, Set Aside or Correct Sentence (2255), as amended be Denied and this civil action be Dismissed, with prejudice, and removed from the docket of this Court consistent with the findings and recommendation. Signed by Judge Robert C. Chambers on 1/3/2013. (cc: attys; any unrepresented party) (skm)

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

JOSHUA DWAYNE PLANTE,
Movant,
v.

Civil Action No. 3:12-01186
(Criminal Action No. 3:11-00059)

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 to Vacate, Set Aside or Correct Sentence pursuant to 28
U.S.C. § 2255, as amended (ECF No. 50), be denied; and 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 ORDERS that Movant’s Motion to Vacate, Set Aside or Correct
Sentence pursuant to 28 U.S.C. § 2255, as amended (ECF No. 50), be DENIED; and this civil
action be DISMISSED, with prejudice, and removed 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 3, 2013