Vaughn v. United States of America

Filing 237

MEMORANDUM OPINION AND ORDER: The Court ADOPTS the 233 Proposed Findings and Recommendation by Magistrate Judge, and ORDERS that the 214 Motion to Vacate, Set Aside or Correct Sentence (2255) filed by Barry M. Vaughn be DENIED and that this matter be REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 1/28/2016. (cc: attys; any unrepresented party) (slr)

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

BARRY M. VAUGHN,
Petitioner,
v.

CIVIL ACTION NO. 5:13-cv-03292
(Criminal No. 5:08-cr-00266-01)

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM OPINION AND ORDER
On February 22, 2013, the Petitioner filed his Motion under 28 U.S.C. § 2255 to Vacate,
Set Aside, or Correct Sentence by a Person in Federal Custody (Document 214). The Petitioner
subsequently filed an Addendum to 28 U.S.C. § 2255 Motion (Document 228) on September 14,
2015. By Standing Order (Document 217) entered on February 22, 2013, this action 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 16, 2015, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 233) wherein it is recommended that this Court deny the Petitioner=s
§ 2555 motion and remove this matter from the Court’s docket. Objections to the Magistrate
Judge=s Proposed Findings and Recommendation were originally due by January 4, 2016, but the
Petitioner was granted an extension to January 20, 2016.
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Neither party has timely filed objections to the Magistrate Judge=s Proposed Findings and
Recommendation. 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).
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 Petitioner’s Motion under 28 U.S.C. § 2255 to Vacate,
Set Aside, or Correct Sentence by a Person in Federal Custody (Documents 214 & 228) be
DENIED and that this matter be REMOVED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to counsel of record,
and any unrepresented party.
ENTER:

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January 28, 2016