Opinion
CRIMINAL ACTION NO.: 3:13-CR-59-1 CIVIL ACTION NO.: 3:16-CV-80
08-27-2018
UNITED STATES OF AMERICA, Plaintiff, v. RAHANEED OMAR GORDON, Defendant.
(GROH)
ORDER ADOPTING REPORT AND RECOMMENDATION
On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge Michael J. Aloi. Pursuant to the Local Rules, this civil action was referred to Judge Aloi for submission of a proposed R&R. Magistrate Judge Aloi issued an R&R [ECF No. 104] on July 23, 2018. In the R&R, Judge Aloi recommends that the Petitioner's motion be denied and dismissed.
All Electronic Court Filing ("ECF") Numbers in this Order refer to the Defendant's underlying criminal action, 3:13-CR-59-1. --------
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). Failure to file timely objections constitutes a waiver of de novo review and of a 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 Aloi's R&R were originally due within fourteen plus three days of the Petitioner being served with a copy of the same. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Service was accepted by the pro se Petitioner on July 26, 2018. ECF No. 105. After allowing additional time for transit in the mail, the Court finds that the deadline for the Petitioner to submit objections to the R&R has passed. No objections have been filed. Accordingly, this Court will review the R&R for clear error.
Upon careful review of the R&R, it is the opinion of this Court that Magistrate Judge Aloi's Report and Recommendation [ECF No. 104] should be, and is hereby, ORDERED ADOPTED for the reasons more fully stated therein. Therefore, the Petitioner's Motion Pursuant to § 2255 is DENIED and DISMISSED WITHOUT PREJUDICE.
This matter is ORDERED STRICKEN from the Court's active docket. The Clerk of Court is DIRECTED to mail a copy of this Order to the Petitioner by certified mail, return receipt requested, at his last known address as reflected on the docket sheet.
DATED: August 27, 2018
/s/_________
GINA M. GROH
CHIEF UNITED STATES DISTRICT JUDGE