Harvey v. United States of America, No. 2:2016cv05665 - Document 129 (S.D.W. Va. 2021)
Court Description: ORDER adopting the 114 Proposed Findings and Recommendations; directing that this case be reinstated; denies the 99 and 104 Motions and removes this case from the active docket. Signed by Judge Joseph R. Goodwin on 11/3/2021. (cc: counsel of record; any unrepresented party) (lca)
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Harvey v. United States of America Doc. 129 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION GEOFFREY HAROLD HARVEY, Petitioner, v. CIVIL ACTION NO. 2:16-cv-05665 (Criminal No. X:07-cr-00033) UNITED STATES OF AMERICA, Respondent. ORDER This action was referred to United States Magistrate Judge Omar Aboulhosn for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. The Proposed Findings & Recommendations [ECF No. 114] (“PF&R”) and recommended that the court REINSTATE the above case to the active docket, DENY Movant’s “Emergency Motion to Correct Sentence Under 28 U.S.C. § 2255” and Supplemental Emergency Motion [ECF Nos. 99, 104], and REMOVE this matter from the Court’s docket. Neither party timely filed objections to the PF&R nor sought an extension of time. A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This court is not, however, required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge Dockets.Justia.com as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Because the parties have not filed objections in this case, the court adopts and incorporates herein the PF&R and orders judgment consistent therewith. The court REINSTATES the above case to the active docket, DENIES Movant’s “Emergency Motion to Correct Sentence Under 28 U.S.C. § 2255” and Supplemental Emergency Motion [ECF Nos. 99, 104], and REMOVES this matter from the Court’s docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: November 3, 2021
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