Thorne
v.
United States

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIAJan 13, 2012
CIVIL ACTION NO. 1:11CV171 (N.D.W. Va. Jan. 13, 2012)

CIVIL ACTION NO. 1:11CV171

01-13-2012

SAMUEL THORNE, Petitioner v. UNITED STATES OF AMERICA, Respondent.


(Judge Keeley)


ORDER ADOPTING REPORT AND RECOMMENDATION

On October 25, 2011, the pro se petitioner, Samuel Thorne ("Thorne"), filed a petition pursuant to 28 U.S.C. § 2241. The Court referred this matter to United States Magistrate Judge John S. Kaull for initial screening and a report and recommendation in accordance with LR PL P 2.

On December 21, 2011, Magistrate Judge Kaull issued an Opinion and Report and Recommendation ("R&R") recommending that Thorne's motion be denied and the case be dismissed with prejudice. (Dkt. No. 7). Magistrate Judge Kaull determined that the petitioner improperly filed a § 2241 petition because Thorne's motion challenges his sentence, not its execution, and fails to demonstrate that 28 U.S.C. § 2255 is in adequate or ineffective remedy. See In re Jones, 226 F.3d 328, 333-34 (4th Cir. 2000).

The R&R also specifically warned that failure to object to the recommendation would result in the waiver of any appellate rights on this issue. The parties did not file any objections.

The failure to object to the Report and Recommendation not only waives the 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. Accordingly, the Court DENIES the petitioner's § 2241 petition (dkt. no. 1) and ORDERS the case DISMISSED WITH PREJUDICE and stricken from the Court's docket.

Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of both orders to counsel of record and to the pro se petitioner, certified mail, return receipt requested.

____________


IRENE M. KEELEY


UNITED STATES DISTRICT JUDGE