Summary
finding Arrington unpersuasive and declining to follow its holding
Summary of this case from Hayes v. WardenOpinion
CIVIL ACTION NO. 1:09CV7.
April 22, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
On January 21, 2009, pro se petitioner, Bruce 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 David J. Joel for initial screening and a Report and Recommendation ("R R") in accordance with Local Rule of Prisoner Litigation 83.09.
On March 23, 2009, Magistrate Judge Joel issued an R R recommending that this Court grant the defendant's motion to dismiss, deny the petition and dismiss the case with prejudice. The R R also 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).
Consequently, the Court ADOPTS the Report and Recommendation in its entirety (dkt. no. 14), GRANTS the defendant's motion (dkt. no. 9), DENIES the Petition for Writ of Habeas Corpus (dkt. no. 1), and DISMISSES this case WITH PREJUDICE. The Court directs the Clerk to STRIKE this case from the Court's docket and to mail a copy of this Order to the pro se petitioner, certified mail, return receipt requested, and to transmit copies of this Order to counsel of record.