Latham v. United States of America

Filing 315

MEMORANDUM OPINION AND ORDER accepting and incorporating the 314 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that the 287 Motion and 305 Amended Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody be denied, and that this action be dismissed, with prejudice, and removed from the docket of the Court. Signed by Judge Robert C. Chambers on 4/18/2019. (cc: counsel of record; any unrepresented parties) (jsa)

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

RASHEED T. LATHAM,
Movant,
v.

CASE NO. 3:17-cv-3998
CASE NO. 3:15-cr-00145-03

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 and Amended Motion under 28 U.S.C. § 2255 to Vacate, Set Aside,
or Correct Sentence by a Person in Federal Custody (ECF Nos. 287, 305) be denied, and that 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 that the Motion and Amended Motion under 28 U.S.C. §
2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (ECF Nos. 287,
305) be DENIED, and that 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:

April 18, 2019

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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