Opinion
CIVIL ACTION NO. 1:08CV179.
February 6, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
On September 24, 2008, pro se petitioner, Aaron Johnson, ("Johnson") filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The Court referred this matter to United States Magistrate Judge James E. Seibert for initial screening and a Report and Recommendation ("R R") in accordance with Local Rule of Prisoner Litigation 83.09.
On January 9, 2009, Magistrate Judge Seibert issued an R R recommending that this Court deny the petitioner's motion for summary judgment, grant the respondent's motion to dismiss and dismiss the petition with prejudice. The R R specifically warned that failure to object to it would result in the waiver of any appellate rights on this issue. Nevertheless, Johnson failed to file any objections.
Johnson's failure to object to the Report and Recommendation not only waives his appellate rights in this matter, but also relieves the Court of any obligation to conduct a de novo review of the issue presented. See Thomas v. Arn, 474 U.S. 140, 148-153 (1985); Wells v. Shriners Hosp., 109 F.3d 198, 199-200 (4th Cir. 1997).
Accordingly, the Court ADOPTS the Report and Recommendation in its entirety (dkt. no. 13), and DENIES the petitioner's motion for summary judgment (dkt. no. 7), GRANTS the Respondent's motion to dismiss (dkt. no. 8) and ORDERS the case DISMISSED WITH PREJUDICE and stricken from the Court's docket.
The Court directs the Clerk to mail a copy of this Order to thepro se petitioner, certified mail, return receipt requested, and to transmit copies of this Order to counsel of record.