Opinion
CIVIL ACTION NO. 1:08CV145.
August 25, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On July 18, 2008, pro se petitioner, David Robert Buswell, ("Buswell") 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 July 31, 2008, Magistrate Judge Seibert issued an R R recommending that this Court deny the petition as the claims relate to 28 U.S.C. § 2241 and transfer the case to the United States District Court for the Eastern District of Virginia for appropriate action pursuant to 28 U.S.C. § 2255. 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, Buswell failed to file any objections.
Buswell'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. 9), DENIES the Petition for Writ of Habeas Corpus as those claims relate to 28 U.S.C. § 2241 (dkt. no. 1), and TRANSFERS this case to the United States District Court for the Eastern District of Virginia for further consideration of the claims pursuant to 28 U.S.C. § 2255. The Clerk is ordered to STRIKE this case from the Court's docket.
The Clerk is directed 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.