Vaughn v. United States of America

Filing 722

MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the 718 findings and recommendation of the Magistrate Judge and Orders that Movant's 703 Motion for Writ of Error Coram Nobis be denied; and this civil action be dismissed, with prejudice, and removed from the docket of this Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 7/12/2013. (cc: attys; any unrepresented party) (skm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION BARRY M. VAUGHN, Movant, v. CIVIL ACTION NO. 3:12-1519 (CRIMINAL ACTION NO. 3:02-00069-09) 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 for Writ of Error Coram Nobis pursuant to 28 U.S.C. § 1651 (ECF No. 703) 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 recommendations. Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and ORDERS that Movant’s Motion for Writ of Error Coram Nobis pursuant to 28 U.S.C. § 1651 (ECF No. 703) be denied; and this civil action be dismissed, with prejudice, and removed from the docket of this Court, consistent with the findings and recommendations. The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties. ENTER: July 12, 2013

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