Opinion
CIVIL ACTION NO. 1:14CV210
12-10-2015
ADEBISI T. ADIGUN Petitioner, v. WARDEN R.A. PURDUE, LT. J. HURD, DIRECTOR CHARLES SAMUEL, and SIS DIVISION AND STAFF of FCI GILMER Respondents.
( ) ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 13]
On November 25, 2014, the pro se petitioner, Adebisi T. Adigun ("Adigun"), filed a pro se Petition for Habeas Corpus pursuant to 28 U.S.C. §§ 2241 in the Western District of Virginia. Because Petitioner was incarcerated in FCI Gilmer, the case was transferred to this Court on December 3, 2015. The Court referred this matter to United States Magistrate Judge Robert W. Trumble for initial screening and a Report and Recommendation ("R&R") in accordance with LR PL P 2.
On May 26, 2015, Magistrate Judge Trumble issued a R&R, in which he recommended that the Court dismiss Adigun's petition as improperly brought under § 2241 (Dkt. No. 13 at 3-4). He recommended that the Court dismiss Adigun's claim without prejudice to his right to file his claim as a civil rights action. Id. at 4.
The R&R also specifically warned Adigun that his failure to object to the recommendation would result in the waiver of any appellate rights he might otherwise have on this issue. Id. The parties did not file any objections. Consequently, finding no clear error, the Court ADOPTS the Report and Recommendation in its entirety (Dkt. No. 13), DENIES the petition for writ of habeas corpus (Dkt. No. 1), and ORDERS that this case be DISMISSED WITHOUT PREJUDICE and stricken from the Court's active docket.
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). --------
It is so ORDERED.
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. Dated: December 10, 2015.
/s/ Irene M. Keeley
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE