McKinzie v. United States of America

Filing 191

ORDER as to Michael McKinzie; the court accepts and incorporates herein the 190 PROPOSED FINDINGS AND RECOMMENDATIONS and orders judgment consistent therewith; the court DENIES the 175 MOTION by Michael McKinzie (pro se) to Vacate, Set Aside or C orrect Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255, DISMISSES the case with prejudice, and DIRECTS that this action be removed from the docket. Signed by Judge Joseph R. Goodwin on 4/24/2018. (cc: counsel of record and any unrepresented party) (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MICHAEL A. MCKINZIE,
Petitioner,
v.

CIVIL ACTION NO. 2:16-cv-06219
(Criminal No. 2:95-cr-00021)

UNITED STATES OF AMERICA,
Respondent.
ORDER

This action was referred to United States Magistrate Judge Cheryl A. Eifert
for submission of proposed findings of fact and recommendations for disposition
pursuant to 28 U.S.C. § 636. On March 16, 2018, Judge Eifert submitted her Proposed
Findings & Recommendations [ECF No. 190] (“PF&R”) and recommended that the
court DENY the petitioner’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or
Correct Sentence by a Person in Federal Custody [ECF No. 175] and DISMISS the
case with prejudice. Neither party timely filed objections to the PF&R nor sought an
extension of time.
A district court “shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which objection is made.”
28 U.S.C. § 636(b)(1)(C). This court is not, however, 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).
Because the parties have not filed objections in this case, the court accepts and
incorporates herein the PF&R and orders judgment consistent therewith. The court
DENIES the petitioner’s Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or
Correct Sentence by a Person in Federal Custody, [ECF No. 175], DISMISSES the
case with prejudice, and DIRECTS that this action be removed from the docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

April 24, 2018