Opinion
CIVIL ACTION NO. 5:13-cv-23735
09-16-2015
ROBERT DEMETRIUS CRONER, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
(Criminal No. 5:11-cr-00090-02)
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 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: September 16, 2015
/s/_________
IRENE C. BERGER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF WEST VIRGINIA