From Casetext: Smarter Legal Research

Vaughn v. United States

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Jul 12, 2013
CIVIL ACTION NO. 3:12-1519 (S.D.W. Va. Jul. 12, 2013)

Opinion

CIVIL ACTION NO. 3:12-1519 CRIMINAL ACTION NO. 3:02-00069-09

07-12-2013

BARRY M. VAUGHN, Movant, v. 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 Movant's Motion for Writ of Error Coram Nobis pursuant to 28 U.S.C. § 1651 (ECF No. 703) be denied; and this civil action be dismissed, with prejudice, and removed from the docket of this 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 Movant's Motion for Writ of Error Coram Nobis pursuant to 28 U.S.C. § 1651 (ECF No. 703) be denied; and this civil action be dismissed, with prejudice, and removed from the docket of this 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.

___________

ROBERT C. CHAMBERS, CHIEF JUDGE


Summaries of

Vaughn v. United States

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION
Jul 12, 2013
CIVIL ACTION NO. 3:12-1519 (S.D.W. Va. Jul. 12, 2013)
Case details for

Vaughn v. United States

Case Details

Full title:BARRY M. VAUGHN, Movant, v. UNITED STATES OF AMERICA, Respondent.

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

Date published: Jul 12, 2013

Citations

CIVIL ACTION NO. 3:12-1519 (S.D.W. Va. Jul. 12, 2013)

Citing Cases

Holman v. United States

In Padilla, "[t]he Supreme Court held that the Sixth Amendment right to effective assistance of counsel…