Aguon v. U.S. Attorney's Office Southern District of West Virginia et al

Filing 4

MEMORANDUM OPINION AND ORDER: The court ADOPTS the 3 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, DISMISSES petitioner's 1 Petition for a Writ of Mandamus, and DIRECTS the Clerk to remove this case from the court's docket. Signed by Senior Judge David A. Faber on 10/11/2017. (cc: petitioner, pro se and counsel of record) (arb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
ROBERT L. AGUON,
Petitioner,
v.

Civil Action No: 1:17-02507

UNITED STATES ATTORNEY’S
OFFICE, et al.,
Respondents.
MEMORANDUM OPINION AND ORDER
Pending before the court is petitioner’s petition for a
writ of mandamus pursuant to 28 U.S.C. § 1361.

ECF No. 1.

By

Standing Order, this matter was referred to United States
Magistrate Omar J. Aboulhosn for submission of findings and
recommendations regarding disposition, pursuant to 28 U.S.C. §
636(b)(1)(B).

Magistrate Judge Aboulhosn submitted to the court

his Proposed Findings and Recommendation on August 16, 2017, in
which he recommended that the district court dismiss this action
from the court’s docket1 and remove the matter from the court’s
docket. ECF No. 3.

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The PF&R notes petitioner’s request -- that the district court
compel the United States Attorney’s Office and Assistant United
States Attorney, John File either abandon prosecution of the
underlying criminal charges or present such charges to the grand
jury -- is now moot because an indictment was filed against
petitioner on May 23, 2017 for which he later pled guilty. ECF
No. 3 at 6.

In accordance with the provisions of 28 U.S.C. § 636(b),
the parties were allotted fourteen days, plus three mailing
days, in which to file any objections to Magistrate Judge
Aboulhosn’s Findings and Recommendation.

The failure to file

such objections constitutes a waiver of the right to a de novo
review by this court.

Snyder v. Ridenour, 889 F.2d 1363 (4th

Cir. 1989).
Petitioner failed to file any objections to the magistrate
judge’s Findings and Recommendation within the seventeen-day
period.

Having reviewed the Findings and Recommendation filed

by Magistrate Judge Aboulhosn, the court adopts the findings and
recommendation contained therein.
The court hereby ADOPTS the factual and legal analysis
contained within the PF&R, (ECF No. 3), DISMISSES petitioner’s
petition for a writ of mandamus, (ECF No. 1), and DIRECTS the
Clerk to remove this case from the court’s docket.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to counsel of record and
petitioner, pro se.
It is SO ORDERED this 11th day of October, 2017.

ENTER:
David A. Faber
Senior United States District Judge

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