Opinion
CIVIL ACTION NO. 1:08CV93.
June 17, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On March 20, 2008, pro se plaintiff, Richard Michael Custer, ("Custer") filed a complaint pursuant to 28 U.S.C. § 1983. 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 April 30, 2008, Magistrate Judge Seibert issued an R R recommending that this Court dismiss the claims against Potomac Highlands Regional Jail and Mike Lawson with prejudice and that the case against the other defendants proceed. 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, Custer failed to file any objections.
Custer'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. 21), DISMISSES the claims against Potomac Highlands Regional Jail and Mike Lawson with prejudice, and ORDERS the other defendants served with process.
The Clerk is directed to mail a copy of this Order to the pro se plaintiff, certified mail, return receipt requested, and to transmit copies of this Order to counsel of record.