Cousins v. United States of America

Filing 821

MEMORANDUM OPINION AND ORDER: The Court ADOPTS and incorporates herein the findings and recommendation of the Magistrate Judge as contained in the 818 Proposed Findings and Recommendation, and ORDERS that the Movants 749 Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody be DENIED and that this case be REMOVED from the Courts docket. Signed by Judge Irene C. Berger on 01/04/2016. (cc: USMJ; attys; any unrepresented party) (msa)

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

ROGER COUSINS,
Movant,
v.

CIVIL ACTION NO. 5:12-cv-08697
(Criminal No. 5:11-cr-00090-23)

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM OPINION AND ORDER
On December 10, 2012, the Movant filed a Motion Under 28 U.S.C. ' 2255 to Vacate, Set
Aside or Correct Sentence by a Person in Federal Custody (Document 749). By Standing Order
(Document 751) entered on that date, the matter was referred to the Honorable R. Clarke
VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of
fact and recommendation for disposition, pursuant to 28 U.S.C. ' 636.
On December 3, 2015, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 818) wherein it is recommended that this Court deny the Movant=s '
2555 motion. Objections to the Magistrate Judge=s Proposed Findings and Recommendation
were due by December 21, 2015, and none were filed by either party.
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
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timely objections constitutes a waiver of de novo review and the Movant=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).
Accordingly, the Court ADOPTS and incorporates herein the findings and
recommendation of the Magistrate Judge as contained in the Proposed Findings and
Recommendation, and ORDERS that the Movant’s Motion Under 28 U.S.C. ' 2255 to Vacate, Set
Aside or Correct Sentence by a Person in Federal Custody (Document 749) be DENIED and that
this case be REMOVED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
VanDervort, counsel of record, and any unrepresented party.
ENTER:

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January 4, 2016