Croner v. United States of America, No. 5:2013cv23735 - Document 816 (S.D.W. Va. 2015)
Court Description: MEMORANDUM OPINION AND ORDER as to Robert Demetrius Croner: the Court Adopts and incorporates herein the 815 Findings and Recommendations and Orders that the Petitioner's 765 2255 Motion be Denied and this matter be Dismissed with Prejudice and Removed from the Court's docket. Signed by Judge Irene C. Berger on 9/16/2015. (cc: Judge, USMJ Eiffert, counsel and any unrepresented party) (cds)
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Croner v. United States of America Doc. 816 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION ROBERT DEMETRIUS CRONER, Petitioner, v. CIVIL ACTION NO. 5:13-cv-23735 (Criminal No. 5:11-cr-00090-02) UNITED STATES OF AMERICA, Respondent. MEMORANDUM OPINION AND ORDER On September 26, 2013, the Petitioner filed a motion under 28 U.S.C. ' 2255 to vacate, set aside or correct sentence (Document 765). By Standing Order (Document 766) entered on October 1, 2013, this action was referred to the Honorable Cheryl A. Eifert, 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 August 27, 2015, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 815) wherein it is recommended that the Petitioner=s ' 2555 motion (Document 765) be denied and that this matter be dismissed with prejudice and removed from the Court’s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by September 14, 2015, and none were timely filed. 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 1 Dockets.Justia.com 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 ' 2555 motion (Document 765) be DENIED and that this matter be DISMISSED WITH PREJUDICE and REMOVED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Eifert, counsel of record, and any unrepresented party. ENTER: 2 September 16, 2015
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