Green v. United States of America

Filing 117

MEMORANDUM OPINION AND ORDER ADOPTING the 114 Proposed Findings and Recommendation of the Magistrate Judge, DENYING the Petitioner's 86 Section 2255 Motion and DISMISSING this matter from the Court's docket. Signed by Judge Irene C. Berger on 7/1/2019. (cc: attys; any unrepresented party; Magistrate Judge Tinsley) (btm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION
NYTERIA GREEN,
Petitioner,
v.

CIVIL ACTION NO. 5:16-cv-07221
(Criminal No. 5:15-cr-00085-2)

UNITED STATES OF AMERICA,
Respondent.

MEMORANDUM OPINION AND ORDER
On August 4, 2016, the Petitioner, proceeding pro se, filed a motion under 28 U.S.C. §
2255 to vacate, set aside or correct sentence (Document 86). By Standing Order (Document 87)
entered on August 5, 2016, this matter was referred to the Honorable Dwane L. Tinsley, 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 May 29, 2019, the Magistrate Judge submitted a Proposed Findings and
Recommendation (Document 114) wherein it is recommended that this Court deny the Petitioner’s
§ 2555 motion and dismiss this matter from the Court’s docket. Objections to the Magistrate
Judge’s Proposed Findings and Recommendation were due by June 17, 2019, and none were filed
by either party.1

The docket reflects that the Proposed Findings and Recommendation mailed to the Petitioner was
returned as undeliverable on June 10, 2019.
1
1

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 § 2555 motion (Document 86) be DENIED
and this matter be DISMISSED from the Court’s docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge
Tinsley, counsel of record, and any unrepresented party.
ENTER:

2

July 1, 2019