Haskins v. United States of America

Filing 749

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 739 Proposed Findings and Recommendation by Magistrate Judge R. Clarke VanDervort; GRANTS Plaintiff's 738 Motion for Voluntary Dismissal; DISMISSES Plaintiff's 734 Section 2255 Motion . Plaintiff's "Fed. R. Civ. P. 15(A) motion to amend" will be construed as a motion to amend his motion for reconsideration in Criminal No. 1:95-00072. The Clerk is directed to remove this case from the Court's active docket. Signed by Senior Judge David A. Faber on 4/23/2014. (cc: Plaintiff, Pro Se and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
WILLIAM HASKINS,
Plaintiff,
v.

CIVIL ACTION NO. 1:13-11643
(Criminal No. 1:95-00072)

UNITED STATES OF AMERICA,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge R. Clarke VanDervort for submission of
findings and recommendation regarding disposition pursuant to 28
U.S.C. § 636(b)(1)(B).

Magistrate Judge VanDervort submitted to

the court his Findings and Recommendation on June 3, 2013, in
which he recommended that the court grant plaintiff's motion to
dismiss, dismiss plaintiff’s motion under 28 U.S.C. § 2255, file
plaintiff’s “Fed. R. Civ. P. 15(A) motion to amend” as a motion
to amend his motion for reconsideration in Criminal Action No.
1:95-00072, and remove this case from the court’s active docket.
In accordance with the provisions of 28 U.S.C. § 636(b),
plaintiff was allotted fourteen days and three mailing days in
which to file any objections to Magistrate Judge VanDervort's
Findings and Recommendation.

The failure of any party to file

such objections within the time allowed constitutes a waiver of

such party's right to a de novo review by this court.

Snyder v.

Ridenour, 889 F.2d 1363 (4th Cir. 1989).
Neither party filed any objections to the Magistrate
Judge's Findings and Recommendations within the requisite time
period.

Accordingly, the court adopts the Findings and

Recommendations of Magistrate Judge VanDervort as follows:
1.

Plaintiff’s motion for voluntary dismissal is
GRANTED;

2.

Plaintiff’s motion under 28 U.S.C. § 2255 is
DISMISSED;

3.

Plaintiff’s “Fed. R. Civ. P. 15(A) motion to
amend” will be construed as a motion to amend his
motion for reconsideration in Criminal Action No.
1:95-00072;* and

4.

The Clerk is directed to remove this case from the
court’s active docket.

The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record.
IT IS SO ORDERED this 23rd of April, 2014.
ENTER:
David A. Faber
Senior United States District Judge
*

There is no need to have the Clerk file yet another copy
of this motion in Criminal Action No. 1:95-00072 as it already
appears as Docket Entry 734 and Docket Entry 740.
2