Sellers v. USA
| West Virginia Northern District Court | |
| Case #: | 1:11-cv-00183 |
| Nature of Suit | 510 Prisoner Petitions - Motions to Vacate Sentence |
| Cause | 28:2255 Motion to Vacate Sentence |
| Case Filed: | Nov 21, 2011 |
| Terminated: | May 24, 2012 |
Petitioner
Larry Sellers
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Respondent
USA
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GPO
Mar 08 2012
REPORT AND RECOMMENDATION to the District Judge Recommending that the District Court Deny Petitioner's Motion Under 28 USC 2255 to Vacate, Set Aside or Correct Sentence. It is recommended that the Petitioner's 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Larry Sellers be denied and dismissed because Petitioner has failed to meet the two prongs of "Strickland" to demonstrate any claims of ineffective assistance of counsel. Within fourteen (14) days after being served with a copy of this report and recommendation, any party may file with the Clerk of Court written objections. Signed by Magistrate Judge David J. Joel on 3/8/12. (Copy PS Petitioner via cert. mail)(mh) (Additional attachment(s) added on 3/8/2012: # (1) Certified Mail Return Receipt) (mh). (Additional attachment(s) added on 3/23/2012: # (2) Certified Mail Return Receipt Document resent to new address) (mh). |
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GPO
May 24 2012
ORDER ADOPTING REPORT AND RECOMMENDATION ORDER re 11 Report and Recommendations. DENIES and DISMISSES the petitioners § 2255 petition 1and ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment in favor of the respondent. Signed by Chief Judge John Preston Bailey on 5/24/2012. (Copy counsel of record via CM/ECF, petitioner via certified mail)(jmm) (Additional attachment(s) added on 5/24/2012: # (1) Certified Mail Return Receipt) (jmm). |