Opinion
CIVIL ACTION NO. 2:13-cv-23684 Criminal No. 2:12-cr-00154
09-28-2016
THOMAS RAMEY JR., Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM OPINION AND ORDER
Pending before the Court is Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (the "Petition"). (ECF No. 30.) By Standing Order filed in this case on October 1, 2013, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of proposed findings of fact and recommendations for disposition. (ECF No. 33.) On January 6, 2016, the Clerk entered an order transferring the referral of this case to United States Magistrate Judge Omar J. Aboulhosn. (ECF No. 38.) On May 5, 2016, Magistrate Judge Aboulhosn filed his proposed findings of fact and recommendations for disposition (the "PF&R"), in which he recommends that the Court deny the Petition and remove this matter from the Court's docket. (ECF No. 41.)
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 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 Plaintiff'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).
Objections to the PF&R in this case were due by May 23, 2016. (See ECF No. 41 at 14-15.) To date, no objections have been filed.
Accordingly, the Court ADOPTS the PF&R, (ECF No. 41), DENIES the Petition, (ECF No. 30), DISMISSES this case, and DIRECTS the Clerk to remove this matter from the Court's docket.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented party.
ENTER: September 28, 2016
/s/_________
THOMAS E. JOHNSTON
UNITED STATES DISTRICT JUDGE