Washington v. United States of America
Filing
51
MEMORANDUM OPINION AND ORDER as to James T. Washington; adopting the 43 Proposed Findings and Recommendation, denying the 31 PETITION by James T. Washington (pro se) for Reduction of Punishment Due to Change in Condition of Law, re: Crack Cocaine Offense 18 USC 3582, and dismissing this action; directing the clerk to remove this case from the court's active docket. Signed by Judge David A. Faber on 5/2/2012. (cc: attys; any plaintiff) (lca)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
JAMES T. WASHINGTON
Plaintiff,
v.
CIVIL ACTION NO. 2:10-01379
(Criminal No. 2:07-00180)
UNITED STATES OF AMERICA,
Defendant.
MEMORANDUM OPINION AND ORDER
By Standing Order, this action was referred to United
States Magistrate Judge Mary E. Stanley for submission of findings
and recommendations regarding disposition pursuant to 28 U.S.C.A.
§ 636(b)(1)(B).
Magistrate Judge Stanley submitted to the court
her Proposed Findings and Recommendation on June 8, 2011, in which
she recommended that the District Court deny Washington’s Petition
for Reduction of Punishment Due to Change In Condition of Law.
In accordance with the provisions of 28 U.S.C.A. § 636(b),
the parties were allotted fourteen days, plus three mailing days,
in which to file any objections to Magistrate Judge Stanley’s
Findings and Recommendation.
The failure of any party to file
such objections constitutes a waiver of such party's right to a de
novo review by this court.
Snyder v. Ridenour, 889 F.2d 1363 (4th
Cir. 1989).
The parties failed to file any objections to the Magistrate
Judge's Findings and Recommendation within the requisite period.
Having reviewed the Findings and Recommendation filed by
Magistrate Judge Stanley, the court adopts the findings and
recommendations contained therein.
Accordingly, the court hereby
DENIES Washington’s Petition for Reduction of Punishment Due to
Change In Condition of Law,* DISMISSES this action, and directs the
Clerk to remove this case from the court’s active docket.
The Clerk is directed to forward a copy of this Memorandum
Opinion and Order to plaintiff and counsel of record.
IT IS SO ORDERED this 2nd day of May, 2012.
ENTER:
David A. Faber
Senior United States District Judge
*
By Order entered this same day, the court has granted
Washington’s motion, filed on January 9, 2012 and brought
pursuant to 18 U.S.C. § 3582(c)(2), to reduce his sentence based
on a subsequent reduction in the applicable sentencing guideline.
2
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