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

BECKLEY DIVISION

BRYAN T. CROSS,

Petitioner,

v. CIVIL ACTION NO. 5:16-cv-06097 (Criminal No. 5:15-cr-00079)

UNITED STATES OF AMERICA,

Respondent.

MEMORANDUM OPINION AND ORDER

On July 7, 2016, the Petitioner, proceeding pro se, filed his Motion Under

to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody (Document 18). By Standing Order (Document 20) entered on that date, the matter was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to

. On March 2, 2018, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 31) wherein it is recommended that the Petitioner=s § 2555 motion be denied, and that the matter be dismissed with prejudice and removed from the Court’s docket. Objections to the Magistrate Judge=s Proposed Findings and Recommendation were due by March 19, 2018. 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 1 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,

(1985). Failure to file timely objections constitutes a waiver of de novo review and the Petitioner’s right to appeal this Court’s Order.

(b)(1); see also Snyder v. Ridenour,

(4th Cir. 1989); United States v. Schronce,

(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

to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody (Document 18) be DENIED, and that this matter be DISMISSED WITH PREJUDICE and REMOVED from the Court’s docket. The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge Eifert, counsel of record, and any unrepresented party. ENTER: March 26, 2018

UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA