Baker v. USA

Baker v. USA

Petitioner:	Irvin Jayoine Lee Baker
Respondent:	USA
Case Number:	3:2015cv00031
Filed:	March 23, 2015
Court:	US District Court for the Northern District of West Virginia
Office:	Martinsburg Office
County:	Berkeley
Presiding Judge:	James E. Seibert
Presiding Judge:	Gina M. Groh
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
November 18, 2016	Filing 8 ORDER ADOPTING 6 Report and Recommendation: It is the opinion of this Court that Magistrate Judge Seibert's Report and Recommendation [ECF No. 6 ] should be, and is, hereby ORDERED ADOPTED. The Court construes the Petitioner's pending Mo tion to Amend as a motion to supplement his §2255 Petition. The Court GRANTS the Motion to Amend, GRANTS the Respondents Motion to Dismiss or, in the Alternative, for Summary Judgment, DENIES the Petitioner's 28 U.S.C. §2255 Petition [ ECF No. 1 ] and ORDERS that the same be DISMISSED WITH PREJUDICE. This matter is ORDERED STRICKEN from the Courts active docket. The Clerk is DIRECTED to enter a separate judgment order in favor of the Respondent, pursuant to Federal Rule of Civil P rocedure 58. The Petitioner has not met the requirements for issuance of a certificate of appealability. Signed by Chief Judge Gina M. Groh on 11/18/2016. Copy to pro se petitioner by cm,rr.(cmd) Modified on 11/18/2016 to add docket text on appealability. (cmd)

Date Filed

Document Text

November 18, 2016

Filing 8 ORDER ADOPTING 6 Report and Recommendation: It is the opinion of this Court that Magistrate Judge Seibert's Report and Recommendation [ECF No. 6 ] should be, and is, hereby ORDERED ADOPTED. The Court construes the Petitioner's pending Mo tion to Amend as a motion to supplement his §2255 Petition. The Court GRANTS the Motion to Amend, GRANTS the Respondents Motion to Dismiss or, in the Alternative, for Summary Judgment, DENIES the Petitioner's 28 U.S.C. §2255 Petition [ ECF No. 1 ] and ORDERS that the same be DISMISSED WITH PREJUDICE. This matter is ORDERED STRICKEN from the Courts active docket. The Clerk is DIRECTED to enter a separate judgment order in favor of the Respondent, pursuant to Federal Rule of Civil P rocedure 58. The Petitioner has not met the requirements for issuance of a certificate of appealability. Signed by Chief Judge Gina M. Groh on 11/18/2016. Copy to pro se petitioner by cm,rr.(cmd) Modified on 11/18/2016 to add docket text on appealability. (cmd)

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Respondent: USA
Represented By:	Jarod J. Douglas
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Petitioner: Irvin Jayoine Lee Baker
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