From Casetext: Smarter Legal Research

Butcher v. United States

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ELKINS
Oct 4, 2016
CIVIL ACTION NO. 2:16-CV-70 (N.D.W. Va. Oct. 4, 2016)

Opinion

CIVIL ACTION NO. 2:16-CV-70 CRIM. ACTION NO. 2:12-CR-21-3

10-04-2016

LISA DAWN BUTCHER, Petitioner-Defendant, v. UNITED STATES OF AMERICA, Respondent-Plaintiff.


(BAILEY)

ORDER ADOPTING REPORT AND RECOMMENDATION

On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge Robert W. Trumble [Civ. Doc. 7 / Crim. Doc. 156]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed report and a recommendation ("R&R"). Magistrate Judge Trumble filed his R&R on September 13, 2016, wherein he recommends this Court deny and dismiss with prejudice the 28 U.S.C. § 2255 petition.

Pursuant to 28 U.S.C. § 636(b)(1)(c), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, 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). In addition, failure to file timely objections constitutes a waiver of de novo review and the right to appeal this Court's Order. 28 U.S.C. § 636(b)(1); Snyder v. Ridenour , 889 F.2d 1363, 1366 (4th Cir. 1989); United States v. Schronce , 727 F.2d 91, 94 (4th Cir. 1984). Here, objections to Magistrate Judge Trumble's R&R were due within fourteen (14) days of receipt, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b). The docket reflects service was accepted on September 16, 2016 [Civ. Doc. 8]. To date, no objections have been filed. Accordingly, this Court will review the R&R for clear error.

Upon careful review of the above, it is the opinion of this Court that the Report and Recommendation [Civ. Doc. 7 / Crim. Doc. 156] should be, and is, hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly, this Court ORDERS that the petition [Civ. Doc. 1 / Crim. Doc. 149] be DENIED and DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to enter judgment in favor of the Respondent.

As a final matter, upon an independent review of the record, this Court hereby DENIES the petitioner a certificate of appealability, finding that he has failed to make "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).

It is so ORDERED.

The Clerk is directed to transmit copies of this Order to any counsel of record and to mail a copy to the pro se petitioner.

DATED: October 4, 2016.

/s/ _________

JOHN PRESTON BAILEY

UNITED STATES DISTRICT JUDGE


Summaries of

Butcher v. United States

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ELKINS
Oct 4, 2016
CIVIL ACTION NO. 2:16-CV-70 (N.D.W. Va. Oct. 4, 2016)
Case details for

Butcher v. United States

Case Details

Full title:LISA DAWN BUTCHER, Petitioner-Defendant, v. UNITED STATES OF AMERICA…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ELKINS

Date published: Oct 4, 2016

Citations

CIVIL ACTION NO. 2:16-CV-70 (N.D.W. Va. Oct. 4, 2016)