Filed: Jan. 28, 2016
Latest Update: Jan. 28, 2016
Summary: MEMORANDUM OPINION AND ORDER IRENE C. BERGER , District Judge . On February 22, 2013, the Petitioner filed his Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Document 214). The Petitioner subsequently filed an Addendum to 28 U.S.C. 2255 Motion (Document 228) on September 14, 2015. By Standing Order (Document 217) entered on February 22, 2013, this action was referred to the Honorable R. Clarke VanDervort, United States Magistr
Summary: MEMORANDUM OPINION AND ORDER IRENE C. BERGER , District Judge . On February 22, 2013, the Petitioner filed his Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Document 214). The Petitioner subsequently filed an Addendum to 28 U.S.C. 2255 Motion (Document 228) on September 14, 2015. By Standing Order (Document 217) entered on February 22, 2013, this action was referred to the Honorable R. Clarke VanDervort, United States Magistra..
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MEMORANDUM OPINION AND ORDER
IRENE C. BERGER, District Judge.
On February 22, 2013, the Petitioner filed his Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Document 214). The Petitioner subsequently filed an Addendum to 28 U.S.C. § 2255 Motion (Document 228) on September 14, 2015. By Standing Order (Document 217) entered on February 22, 2013, this action was referred to the Honorable R. Clarke VanDervort, 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.
On December 16, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 233) wherein it is recommended that this Court deny the Petitioner's § 2555 motion and remove this matter from the Court's docket. Objections to the Magistrate Judge's Proposed Findings and Recommendation were originally due by January 4, 2016, but the Petitioner was granted an extension to January 20, 2016.
Neither party has timely filed objections to the Magistrate Judge's Proposed Findings and Recommendation. The Court is not required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner's right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984).
Accordingly, the Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the Proposed Findings and Recommendation, and ORDERS that the Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Documents 214 & 228) be DENIED and that this matter be REMOVED from the Court's docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to counsel of record, and any unrepresented party.
