Quinones v. United States of America

Filing 124

ORDER adopting the 123 Proposed Findings and Recommendations by Magistrate Judge. Denying the 108 Motion and removes this matter from the docket. Signed by Judge Joseph R. Goodwin on 3/24/2020. (cc: counsel of record; any unrepresented party) (lca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
MIGUEL QUINONES
Petitioner,
v.

CIVIL ACTION NO. 2:18-cv-00605
(Criminal No. 2:16-cr-00116)

UNITED STATES OF AMERICA,
Respondent.
ORDER
This action was referred to United States Magistrate Judge Omar Aboulhosn
for submission of proposed findings of fact and recommendations for disposition
pursuant to 28 U.S.C. § 636. On January 9, 2020, Magistrate Judge Aboulhosn
submitted his Proposed Findings & Recommendations [ECF No. 123] (“PF&R”),
recommending that this court DENY Movant’s Motion under 28 U.S.C. § 2255 to
Vacate, Set Aside or Correct Sentence by a Person in Federal Custody [ECF No. 108]
and REMOVE this matter from the court’s docket. 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 adopts and
incorporates herein the PF&R and orders judgment consistent therewith. The court
DENIES Movant’s Motion [ECF No. 108] and REMOVES this matter from the docket.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.

ENTER:

March 24, 2020