Smith v. United States of America
MEMORANDUM OPINION AND ORDER accepting and incorporating the 60 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; denying Movant's 49 Emergency Motion to Correct Sentence Under 28 U.S.C. § 2255; denying as moot the United States' 55 Motion to Dismiss; and removing this matter from the Court's docket. Signed by Judge Robert C. Chambers on 11/9/2017. (cc: counsel of record; any unrepresented parties) (jsa)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
ANTONIO MICHAEL SMITH,
CIVIL ACTION NO. 3:16-5692
(Criminal No. 3:13-00145)
UNITED STATES OF AMERICA,
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Omar J. Aboulhosn, 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 Court deny Movant’s “Emergency Motion to Correct Sentence
Under 28 U.S.C. § 2255” (ECF No. 49), deny as moot the United States’ Motion to Dismiss (ECF
No. 55), and remove this matter from the Court’s docket. 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 “Emergency Motion to Correct Sentence Under
28 U.S.C. § 2255” (ECF No. 49), DENIES as moot the United States’ Motion to Dismiss (ECF
No. 55), and REMOVES this matter from the Court’s docket, consistent with the findings and
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.
November 9, 2017
ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE
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