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

BECKLEY DIVISION

ESTA J. JONES,

Petitioner,

v. CIVIL ACTION NO. 5:16-cv-04368 (Criminal No. 5:04-cr-00056)

UNITED STATES OF AMERICA,

Respondent.

MEMORANDUM OPINION AND ORDER

On May 12, 2016, the Petitioner, proceeding pro se, filed a Motion Under

to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Document 57). By Standing Order (Document 58) entered on May 13, 2016, the matter was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to

. On March 6, 2019, the Magistrate Judge submitted a Proposed Findings and Recommendation (Document 77) 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 due by March 25, 2019.1

1The docket reflects that the Proposed Findings and Recommendation mailed to the Petitioner was returned as undeliverable on March 15, 2019, and re-mailed to a different address on that date. As of April 1, 2019, no objections had been filed. 1 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,

(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 57) 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 Magistrate Judge Aboulhosn, counsel of record, and any unrepresented party. ENTER: April 2, 2019

UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF WEST VIRGINIA