Benson v. United States
Benson v. United States
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JENNIFER BENSON,
Petitioner,
v. CIVIL ACTION NO. 2:19-cv-00357 (Criminal No. 2:17-cr-00198-10)
UNITED STATES OF AMERICA,
Respondent.
ORDER
This action was referred to United States Magistrate Judge Omar Aboulhosn for submission of proposed findings of fact and recommendations for disposition pursuant to
28 U.S.C. § 636(b)(1)(B). On August 18, 2020, Magistrate Judge Aboulhosn submitted his Proposed Findings & Recommendations [ECF No. 423] (“PF&R”) and recommended that the court DENY Petitioner’s Motion under
28 U.S.C. § 2255to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody [ECF. No. 370] and REMOVE this matter from the court’s docket. Objections to the PF&R were due, at the latest, by September 4, 2020. Neither party timely filed objections to the PF&R nor sought an extension of time. A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”
28 U.S.C. § 636(b)(1)(C). This court is not, however, 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). Because the parties have not filed objections in this case, the court adopts and incorporates herein the PF&R and orders judgment consistent therewith. The court DENIES Petitioner’s Motion [ECF No. 370] and REMOVES this matter from the docket. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: September 17, 2020
ee STATES DISTRICT JUDGE
Reference
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