Opinion
CIVIL ACTION NO. 1:16-09822 CRIMINAL ACTION NO. 1:07-00157
05-26-2017
JERMAINE DONNELL BANKS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM OPINION AND ORDER
By Standing Order, this matter was referred to United States Magistrate Judge Omar J. Aboulhosn for submission of proposed findings and recommendations ("PF&R") for disposition pursuant to 28 U.S.C. § 636(b)(1)(B). See Doc. No. 117.
Magistrate Judge Aboulhosn submitted to the court his PF&R on March 22, 2017, in which he recommended that the court deny Petitioner's Petition for Writ of Audita Querela, see Doc. No. 115; and remove this matter from the court's docket.
In accordance with 28 U.S.C. § 636(b), the parties were allotted seventeen days in which to file any objections to the Magistrate Judge's PF&R. The failure of any party to file such objections within the time allotted constitutes a waiver of such party's right to a de novo review by this court. See Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989). Neither party filed any objections to the Magistrate Judge's PF&R within the required time period.
Accordingly, the court adopts Magistrate Judge Aboulhosn's PF&R as follows:
1) Petitioner's Petition for Writ of Audita Querela, see Doc. No. 115, is DENIED; and
2) The Clerk is directed to remove this matter from the docket of the court.
The Clerk is further directed to forward a copy of this Memorandum Opinion and Order to counsel of record and to Petitioner.
It is SO ORDERED this 26th day of May, 2017.
ENTER:
/s/_________
David A. Faber
Senior United States District Judge