Dawson v. United States of America

Filing 69

ORDER adopting 68 Proposed Findings and Recommendation by Magistrate Judge; denying 63 Motion to Vacate, Set Aside or Correct Sentence filed by Carey Dawson; dismissing this case from the docket of the Court. Cross reference Criminal Case Number 2:08-0280. Signed by Judge Thomas E. Johnston on 7/11/2011. (cc: attys; any unrepresented party) (cbo)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

CAREY DAWSON,
Petitioner,
v.

CIVIL ACTION NO. 2:10-cv-00896
(Criminal No. 2:08-cr-00280-1)

UNITED STATES OF AMERICA,
Respondent.

ORDER

Before the Court is Petitioner Carey Dawson’s Motion to Vacate, Set Aside, or Correct
Sentence [Docket 63]. By Standing Order entered August 1, 2006, and filed in this case on July 14,
2010, this action was referred to United States Magistrate Mary E. Stanley for submission of
proposed findings and a recommendation (PF&R). Magistrate Judge Stanley filed a PF&R [Docket
68] on September 15, 2010, recommending that this Court deny Petitioner’s motion.
The Court is not required to review, under a de novo or any other standard, the factual or
legal conclusions of the magistrate judge as to those portions of the findings or recommendation to
which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985). Failure to file timely
objections constitutes a waiver of de novo review and the Petitioner’s right to appeal this Court’s
Order. 28 U.S.C. § 636(b)(1); see also Snyder v. Ridenour, 889 F.2d 1363, 1366 (4th Cir.1989);
United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). In addition, this Court need not conduct
a de novo review when a party “makes general and conclusory objections that do not direct the Court
to a specific error in the magistrate’s proposed findings and recommendations.” Orpiano v. Johnson,

687 F.2d 44, 47 (4th Cir. 1982). Objections to the PF&R in this case were due on October 4, 2010.
To date, no objections have been filed.
Accordingly, the Court ADOPTS the PF&R [Docket 68], DENIES Petitioner’s Motion to
Vacate, Set Aside, or Correct Sentence [Docket 63], and DISMISSES this case from the docket of
the Court. A separate Judgment Order is entered this day implementing the findings contain herein.
IT IS SO ORDERED.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:

July 11, 2011

_________________________________________
THOMAS E. JOHNSTON
UNITED STATES DISTRICT JUDGE

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