Opinion
1:19-cr-20435
08-24-2022
BRIAN MICHAEL WEMIGWANS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
HONORABLE PATRICIA T. MORRIS, UNITED STATES MAGISTRATE JUDGE
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PETITIONER'S § 2255 MOTIONS TO VACATE, AND DENYING PETITIONER'S MOTIONS TO APPOINT COUNSEL
THOMAS L. LUDINGTON, UNITED STATES DISTRICT JUDGE
This matter is before this Court upon Magistrate Judge Patricia T. Morris's Report and Recommendation, ECF No. 62, recommending that the undersigned deny Petitioner Brian Michael Wemigwans's § 2255 motions to vacate, ECF Nos. 50; 57, and motions for appointment of counsel, ECF Nos. 52; 58.
Petitioner filed his original motion to vacate on April 8, 2022, ECF No. 50, followed by an amended motion to vacate three weeks later, ECF No. 57.
Although the R&R states that the parties could object to and seek review of the recommendation within 14 days of service, neither Petitioner nor Respondent filed any objections. They have therefore waived their right to appeal Judge Morris's findings. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
Accordingly, it is ORDERED that Magistrate Judge Morris's Report and Recommendation, ECF No. 62, is ADOPTED.
Further, it is ORDERED that Petitioner's Amended § 2255 Motion to Vacate, ECF No. 57, is DENIED.
Further, it is ORDERED that Petitioner's § 2255 Motion to Vacate, ECF No. 50, is DENIED AS MOOT.
Further, it is ORDERED that Petitioner's Motion for Counsel, ECF No. 52 is DENIED AS MOOT.
Further, it is ORDERED that Petitioner's Motion for Counsel, ECF No. 58 is DENIED AS MOOT.