Cline v. United States of America, No. 5:2010cv01017 - Document 163 (S.D.W. Va. 2013)
Court Description: MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 153 Proposed Findings and Recommendation, and ORDERS that the Petitioner's 142 Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody be DENIED and that this action be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 6/21/2013. (cc: attys; any unrepresented party) (msa)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION LANDON CLINE, Petitioner, v. CIVIL ACTION NO. 5:10-cv-01017 (Criminal No. 5:09-cr-00065-02) UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER The Court has reviewed the Petitioner=s Motion Under 28 U.S.C. ' 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Document 142) filed in this matter on August 12, 2010. By Standing Order (Document 145) entered on August 12, 2010, 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 May 24, 2013, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 153) wherein it is recommended that this Court deny the Petitioner=s ' 2555 Motion and remove this action from the Court s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by June 10, 20131. 1 The docket reflects that the Proposed Findings and Recommendation mailed to the Petitioner was returned as undeliverable on 6/3/13, and re-mailed to a different address on that date. As of June 20, 2013, no objections had been filed. 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 (Document 142) be DENIED and that this action be REMOVED from the Court s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge VanDervort, counsel of record, and any unrepresented party. ENTER: June 21, 2013
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