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)

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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 2   

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