Vincent v. USA
Filing
10
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 7 Report and Recommendations on 1 Motion to Vacate, Set Aside or Correct Sentence (2255) filed by Lawrence E. Vincent. The Court DENIES the 1 motion to vacate DISMISSES the case WITH PREJUDICE, and ORDERS that it be STRICKEN from the Court's docket. The Court directs the Clerk to enter a separate Judgment Order. Signed by District Judge Irene M. Keeley on 6/11/2012. (Copy Pro se petitioner/certified mail)(kd) (Additional attachment(s) added on 6/11/2012: # 1 Certified Mail Return Receipt) (kd).
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
LAWRENCE E. VINCENT,
Petitioner,
v.
//
CIVIL ACTION NO. 1:11CV98
CRIMINAL NO. 1:07CR33-1
(Judge Keeley)
UNITED STATES OF AMERICA,
Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
After the pro se petitioner, Lawrence E. Vincent (“Vincent”),
filed a petition pursuant to 28 U.S.C. § 2255 on June 20, 2011, the
Court referred this matter to United States Magistrate Judge John
S. Kaull for initial screening and a report and recommendation in
accordance with LR PL P 2. On November 16, 2011, Magistrate Judge
Kaull issued an Opinion and Report and Recommendation (“R&R”),
which recommended that Vincent’s motion to vacate be denied and his
case be dismissed with prejudice because his § 2255 motion was
untimely, having been filed two and a half years after the statute
of limitations expired on December 18, 2008. He further concluded
that Vincent was not entitled to have the statute of limitations
equitably tolled.
The R&R also specifically warned Vincent that his failure to
object to the R&R would result in the waiver of any appellate
rights
on
this
issue.
Vincent,
however,
failed
to
file
any
VINCENT v. UNITED STATES
1:11CV98
1:07CR33-1
ORDER ADOPTING REPORT AND RECOMMENDATION
objections.1 Consequently, the Court ADOPTS the R&R in its entirety
(dkt. no. 7, case no. 1:11CV98 & dkt. no. 223, case no. 1:07CR33),
DENIES the motion to vacate
(dkt. no. 1, case no. 1:11CV98 & dkt.
no. 210, case no. 1:07CR33), DISMISSES the case WITH PREJUDICE, and
ORDERS that it be STRICKEN from the Court’s docket.
Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk to
enter a separate Judgment Order and to transmit copies of both
Orders to counsel of record and to the pro se petitioner, certified
mail, return receipt requested.
Dated: June 11, 2012
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE
1
Vincent’s failure to object to the Report and Recommendation not only
waives his appellate rights in this matter, but also relieves the Court of any
obligation to conduct a de novo review of the issue presented. See Thomas v.
Arn, 474 U.S. 140, 148-153 (1985); Wells v. Shriners Hosp., 109 F.3d 198, 199-200
(4th Cir. 1997).
2
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