Cooper v. U.S.

Full title: WALTER MICHAEL COOPER, Movant, v. UNITED STATES OF AMERICA, Respondent

Court: United States District Court, S.D. West Virginia, Charleston Division

Date published: Sep 15, 2010

CIVIL ACTION NO. 2:09-1282, CRIMINAL ACTION NO. 2:06-00046 (S.D.W. Va. Sep. 15, 2010)

Opinion

CIVIL ACTION NO. 2:09-1282, CRIMINAL ACTION NO. 2:06-00046.

September 15, 2010

MEMORANDUM OPINION AND ORDER

ROBERT CHAMBERS, District Judge

This action was referred to the Honorable Mary E. Stanley, 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 Defendant's request for the application of equitable tolling of the statute of limitations and deny Defendant's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 (Doc. #s 76 and 82) as untimely. Neither party has filed objections to the Magistrate Judge's findings and recommendation.

Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and DENIES Defendant's request for the application of equitable tolling of the statute of limitations and DENIES Defendant's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 (Doc. #s 76 and 82) as untimely, consistent with the findings and recommendation.

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, 2010