Amaker v. United States of America
Filing
262
MEMORANDUM OPINION AND ORDER as to Monica Lorraine Amaker: The court ADOPTS the 260 Proposed Findings and Recommendation by Magistrate Judge Aboulhosn; DENIES Movant's 254 "Request for Permission to File a Successive Section 2255 Pursua nt to Johnson v. United States, 135 S. Ct. 2551 (2015) and Welch v. United States, No. 15-6418, S. Ct. April 18, 2016" and directs the Clerk to remove this matter from the court's docket. The court DENIES a certificate of appealability. Signed by Senior Judge David A. Faber on 3/20/2017. (cc: Movant and counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
MONICA LORRAINE AMAKER,
Movant,
v.
CIVIL ACTION NO. 1:16-05512
(CRIMINAL ACTION NO. 2:05-00149)
UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM OPINION AND ORDER
By Standing Order, this matter was referred to United
States Magistrate Judge Omar J. Aboulhosn for submission of
proposed findings and recommendations (“PF&R”) for disposition
pursuant to 28 U.S.C. § 636(b)(1)(B). (Doc. No. 255.)
Magistrate Judge Aboulhosn submitted to the court his PF&R
on February 15, 2017, in which he recommended that the court
deny Movant’s “Request for Permission to File a Successive §
2255 Pursuant to Johnson v. United States, 135 S. Ct. 2551
(2015) and Welch v. United States, No. 15-6418, S. Ct. April 18,
2016” (Civil Action No. 1:16-05512, Doc. No. 254 and Criminal
Action No. 2:05-00149, Doc. No. 107); and remove this matter
from the Court’s docket unless Movant can demonstrate within the
period of time allotted for objecting to this PF&R that the
Motion was filed within the proper time period or circumstances
exist which would permit equitable tolling of the limitation
period.
In accordance with 28 U.S.C. § 636(b), the parties were
allotted seventeen days in which to file any objections to the
Magistrate Judge’s PF&R.
The failure of any party to file such
objections within the time allotted constitutes a waiver of such
party’s right to a de novo review by this court.
Ridenour, 889 F.2d 1363 (4th Cir. 1989).
See Snyder v.
Neither party filed
any objections to the Magistrate Judge’s PF&R within the
required time period.
Accordingly, the court adopts Magistrate Judge Aboulhosn’s
PF&R as follows:
1) Movant’s “Request for Permission to File a Successive §
2255 Pursuant to Johnson v. United States, 135 S. Ct.
2551 (2015) and Welch v. United States, No. 15-6418, S.
Ct. April 18, 2016” (Civil Action No. 1:16-05512, Doc.
No. 254 and Criminal Action No. 2:05-00149, Doc. No. 107)
is DENIED; and
2) The Clerk is directed to remove this matter from the
docket of the court.
Additionally, the court has considered whether to grant a
certificate of appealability.
See 28 U.S.C. § 2253(c).
A
certificate will not be granted unless there is “a substantial
2
showing of the denial of a constitutional right.”
2253(c)(2).
28 U.S.C. §
The standard is satisfied only upon a showing that
reasonable jurists would find that any assessment of the
constitutional claims by this court is debatable or wrong and
that any dispositive procedural ruling is likewise debatable.
Miller-El v. Cockrell, 537 U.S. 322, 336—38 (2003); Slack v.
McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
683—84 (4th Cir. 2001).
The court concludes that the governing
standard is not satisfied in this instance.
Accordingly, the
court DENIES a certificate of appealability.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and to Movant.
It is SO ORDERED this 20th day of March, 2017.
ENTER:
David A. Faber
Senior United States District Judge
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