Banks v. United States of America

Filing 120

MEMORANDUM OPINION AND ORDER as to Jermaine Donnell Banks: The court ADOPTS the 119 Proposed Findings and Recommendation of Magistrate Judge Omar J. Aboulsohn, DENIES Petitioner's 115 Petition for Writ of Audita Querela and directs the Clerk to remove this matter from the court's docket. Signed by Senior Judge David A. Faber on 5/26/2017. (cc: Petitioner and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
JERMAINE DONNELL BANKS,
Petitioner,
v.

CIVIL ACTION NO. 1:16-09822
CRIMINAL ACTION NO. 1:07-00157

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). See Doc. No. 117.
Magistrate Judge Aboulhosn submitted to the court his PF&R
on March 22, 2017, in which he recommended that the court deny
Petitioner’s Petition for Writ of Audita Querela, see Doc. No.
115; and remove this matter from the court’s docket.
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) Petitioner’s Petition for Writ of Audita Querela, see
Doc. No. 115, is DENIED; and
2) The Clerk is directed to remove this matter from the
docket of the court.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and to
Petitioner.
It is SO ORDERED this 26th day of May, 2017.

ENTER:
David A. Faber
Senior United States District Judge

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