Opinion
CIVIL ACTION NO: 3:14-CV-30 CRIMINAL ACTION NO: 3:00-CR-64-2
06-12-2014
MICHAEL PAUL PUZEY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
(JUDGE GROH)
ORDER ADOPTING OPINION/REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge John S. Kaull. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Kaull for submission of a proposed report and a recommendation ("R & R"). Magistrate Judge Kaull filed his R & R on May 20, 2014 [Doc. 4; Doc. 47]. In that filing, Magistrate Judge Kaull recommends that this Court grant the Petitioner's Motion Pursuant to Rule 36 of the Federal Rules of Criminal Procedure for Correction of a Clerical Error and dismiss 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 petitioner's 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). Objections to Magistrate Judge Kaull's R & R were due within fourteen days of being served with a copy of the same. pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). The docket reflects that service was accepted on May 23. 2014 [Doc. 11]. No party has filed objections to the R & R. Accordingly. this Court will review the report and recommendation for clear error.
Upon careful review of the report and recommendation. it is the opinion of this Court that the magistrate judge's Report and Recommendation should be. and is. hereby ORDERED ADOPTED for the reasons more fully stated in the magistrate judge's report. Accordingly. the Court hereby GRANTS the Petitioner's Motion Pursuant to Rule 36 of the Federal Rules of Criminal Procedure for Correction of a Clerical Error and DISMISSES the petition. Accordingly. this matter is ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment for the Respondent.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record and pro se parties.
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GINA M. GROH
UNITED STATES DISTRICT JUDGE