Leggette v. United States of America
Filing
135
MEMORANDUM OPINION AND ORDER as to Daniel K. Leggette accepting and incorporating the 134 Proposed Findings and Recommendations by Magistrate Judge Aboulhosn; granting in part and denying in part the United States' 132 MOTION to Withdraw Ref erral to Magistrate Judge and to Dismiss Case by specifically granting the United States' Motion to Dismiss Movant's 121 MOTION to Vacate, Set Aside or Correct Sentence (2255), and denying as moot the United States' Motion to Withdraw Referral. Signed by Judge Robert C. Chambers on 3/2/2017. (cc: Judge; counsel of record; any unrepresented parties) (jsa)
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
DANIEL K. LEGGETTE,
Movant,
v.
CIVIL ACTION NO. 3:16-5822
(Criminal Case No. 3:09-00176)
UNITED STATES OF AMERICA,
Respondent.
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 grant in part and deny in part the United States’ Motion
to Withdraw Referral to Magistrate Judge and to Dismiss Case (ECF No. 132) by specifically
granting the United States’ Motion to Dismiss and denying as moot the United States’ Motion to
Withdraw Referral. 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 GRANTS the United States’ Motion to Dismiss (ECF No. 132) and
DENIES as moot the United States’ Motion to Withdraw Referral (ECF No. 132), 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:
-2-
March 2, 2017
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