Opinion
Civil Action No. 1:05CV40, Criminal Action No. 1:03CR32-2.
September 6, 2005
ORDER ADOPTING REPORT AND RECOMMENDATION
On March 10, 2005, pro se petitioner Vivian Chaney filed a motion to vacate, set aside or correct her sentence pursuant to 28 U.S.C. § 2255. The Court referred this matter to United States Magistrate Judge John S. Kaull for initial screening and a report and recommendation in accordance with Local Rule of Prisoner Litigation 83.15. On May 19, 2005, Judge Kaull issued a Report and Recommendation recommending that the Court deny Chaney's motion.
The Report and Recommendation also specifically warned that Chaney's failure to object to the recommendation would result in the waiver of her appellate rights on this issue. Nevertheless, Chaney has not filed any objections.
Chaney'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 and DENIES Chaney's § 2255 motion.
It is so ORDERED.
The Clerk is directed to mail a copy of this Order to the petitioner.