Opinion
CIVIL ACTION NO. 3:08-0888, (Criminal No. 3:06-00052).
March 11, 2011
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 Movant's Motion and Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. #s 75 and 85) be dismissed with prejudice; and Movant's application to proceed without prepayment of fees or costs (Doc. # 1) be denied. 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 DISMISSES with prejudice Movant's Motion and Amended Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. #s 75 and 85); and DENIES Movant's application to proceed without prepayment of fees or costs (Doc. # 1), 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: March 11, 2011