Borjas-Hernandez v. United States of America

Filing 139

MEMORANDUM OPINION AND ORDER The Court accepts and incorporates herein the 138 Proposed Findings and Recommendations of the Magistrate Judge and Denies Movant's 128 Motion/Application/Petition to Vacate, Set Aside or Correct Sentence (2255) filed by Joel Adolfo Borjas-Hernandez; Dismisses this action, with prejudice, and Removes it from the docket of this Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 4/17/2014. (cc: attys; any unrepresented party) (skm)

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

JOEL ADOLFO BORJAS-HERNANDEZ,
Movant,
v.

CIVIL ACTION NO. 3:12-8368
(Criminal No. 3:09-00163)

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 (ECF No. 128) 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 DENIES Movant’s Motion to Vacate, Set Aside, or Correct Sentence
pursuant to 28 U.S.C. § 2255 (ECF No. 128); DISMISSES this civil action, with prejudice, and
REMOVES it 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:

April 17, 2014