Rockwell v. United States of America

Filing 111

MEMORANDUM OPINION AND ORDER as to Ricky Ray Rockwell; accepting and incorporating Magistrate Judge Eifert's 110 Proposed Findings and Recommendations; denying 99 Motion to Vacate, Set Aside or Correct Sentence (2255); dismissing and removing this civil action from the docket of the Court, consistent with the findings and recommendations. Signed by Judge Robert C. Chambers on 9/15/2016. (cc: Judge, USA, counsel, movant) (mkw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION RICKY RAY ROCKWELL Movant, v. CIVIL ACTION NO. 3:14-22817 CRIMINAL NO. 3:12-00180 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 the Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 99) be denied, and that this civil action be dismissed and removed from the docket of the 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 the Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 99) be denied, and that this civil action be dismissed and removed from the docket of the 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: September 15, 2016

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