Johnson v. United States of America, No. 5:2007cv00129 - Document 98 (S.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER: The Court CONFIRMS AND ACCEPTS the magistrate judge's 97 Proposed Findings and Recommendations; DENIES the 79 Motion under 28 U.S.C. Section 2255; and DIRECTS the Clerk to remove this matter from the Court's active docket. Signed by Judge David A. Faber on 12/15/2009. (cc: attys; any unrepresented party) (mls)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BECKLEY AALIYAH C. JOHNSON, Movant, v. CIVIL ACTION NO. 5:07-0129 (Criminal No. 5:05-0093) UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER Pending before the court is Aaliyah C. Johnson s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody. (Doc. No. 79.) By Standing Order, this matter was referred to United States Magistrate Judge R. Clarke VanDervort on March 1, 2007. Pursuant to 28 U.S.C. § 636(b), the Standing Order directs Magistrate Judge VanDervort to submit proposed findings and recommendation concerning the disposition of this matter. Magistrate Judge VanDervort submitted his Proposed Findings and Recommendation ( PF & R ) on November 20, 2009, recommending that this court dismiss the motion and remove this matter from the court s docket. (Doc. No. 97.) In accordance with the provisions of 28 U.S.C. § 636(b), the parties were allotted ten days, plus three mailing days, in which to file any objections to Magistrate Judge VanDervort s PF & R. Neither party filed objections to the magistrate judge s proposed findings, and the failure to file objections within the appropriate time frame constitutes a waiver of the right to a de novo review by this court. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989); Thomas v. Arn, 474 U.S. 140 (1985). Having reviewed the Proposed Findings and Recommendation filed by Magistrate Judge VanDervort, the court (1) CONFIRMS AND ACCEPTS the magistrate judge s findings (Doc. No. 97); (2) DENIES the motion under 28 U.S.C. § 2255 (Doc. No. 79); and (3) DIRECTS the Clerk to remove this matter from the court s active docket. The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to movant and to all counsel of record. It is SO ORDERED this 15th day of December, 2009. ENTER: David A. Faber Senior United States District Judge -2-

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