Smith v. USA, No. 4:2019cv00083 - Document 7 (E.D. Tenn. 2019)
Court Description: MEMORANDUM OPINION AND ORDER adopting the 6 Proposed Findings and Recommendations by Magistrate Judge as follows: Movant's 1, 2 Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody is TRANSFERRED to the United States District Court for the Eastern District of Tennessee; The case is DISMISSED with prejudice; and The Clerk is directed to remove this case from the court's active docket. Signed by Senior Judge David A. Faber on 12/19/2019. (cc: counsel of record; any unrepresented party) (BDG)Case transferred from Southern District of West Virginia on 12/20/2019
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Smith v. USA Doc. 7 Case 1:18-cv-01015 Document 7 Filed 12/19/19 Page 1 of 2 PageID #: 34 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD TAKESTA SMITH, Movant, v. CIVIL ACTION NO. 1:18-01015 UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER By Standing Order, this action was referred to United States Magistrate Judge Cheryl A. Eifert for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Eifert submitted to the court her Findings and Recommendation on August 1, 2018, in which she recommended that, pursuant to 28 U.S.C. § 1631, the court transfer to the United States District Court for the Eastern District of Tennessee movant’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody, ECF Nos. 1 and 2, and remove this matter from the court’s docket. In accordance with the provisions of 28 U.S.C. § 636(b), movant was allotted fourteen days and three mailing days in which to file any objections to Magistrate Judge Eifert’s Findings and Recommendation. The failure of any party to file Dockets.Justia.com Case 1:18-cv-01015 Document 7 Filed 12/19/19 Page 2 of 2 PageID #: 35 such objections within the time allowed constitutes a waiver of such party’s right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Objections to the Proposed Findings and Recommendation were due by August 20, 2018. Neither party filed any objections to the Magistrate Judge’s Findings and Recommendation within the requisite time period. Accordingly, the court adopts the Findings and Recommendation of Magistrate Judge Eifert as follows: 1. Movant’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody is TRANSFERRED to the United States District Court for the Eastern District of Tennessee; 2. The case is DISMISSED with prejudice; and 3. The Clerk is directed to remove this case from the court’s active docket. The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to counsel of record and unrepresented parties. IT IS SO ORDERED this 19th day of December, 2019. ENTER: David A. Faber Senior United States District Judge 2
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