McArthur v. United States of America

Filing 138

MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 137 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that the 120 Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody purs uant to 28 U.S.C. § 2255 be DENIED; Respondent's 134 Motion to Dismiss be GRANTED; and this action be DISMISSED, with prejudice, and REMOVED from the docket of the Court. Signed by Judge Robert C. Chambers on 9/25/2018. (cc: counsel of record; any unrepresented parties) (jsa)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
TERRENCE ANTOINE McARTHUR
Movant,
v.

Case No. 3:16-12059
Criminal Case No. 3:11-00055

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 by a Person in Federal
Custody pursuant to 28 U.S.C. § 2255, (ECF No. 120), be denied; Respondent’s Motion to
Dismiss, (ECF No. 134), be granted; and this action be dismissed, with prejudice, 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 the that Motion to Vacate, Set Aside, or Correct Sentence
by a Person in Federal Custody pursuant to 28 U.S.C. § 2255, (ECF No. 120), be DENIED;
Respondent’s Motion to Dismiss, (ECF No. 134), be GRANTED; and this action be
DISMISSED, with prejudice, 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 25, 2018

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE