Opinion
Civil Action No. 1:05CV47.
December 22, 2005
ORDER ADOPTING REPORT AND RECOMMENDATION
On March 16, 2005, pro se petitioner Keith L. Dellinger ("Dellinger") 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 John S. Kaull for initial screening and a report and recommendation in accordance with Local Rule of Prisoner Litigation 83.09.
On September 27, 2005, Magistrate Judge Kaull issued a Report and Recommendation ("RR") recommending that Dellinger's case be dismissed with prejudice. The Magistrate Judge determined that the Bureau of Prisons ("BOP") had the discretionary authority to deny Dellinger's eligibility for early release status because he received a gun enhancement at sentencing; that the BOP did not erroneously consider the two point gun enhancement in light ofUnited States v. Booker, ___ U.S. ___, 125 S.Ct. 738 (2005); and that there is no Administrative Procedures Act violation. Accordingly, the Magistrate Judge recommended that the petitioner's § 2241 petition be DENIED and DISMISSED WITH PREJUDICE.
The RR also specifically warned that failure to object to the Magistrate's recommendations would result in the waiver of any appellate rights on this issue. Nevertheless, Dellinger failed to file any objections.
Dellinger'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 ORDERS the case DISMISSED WITH PREJUDICE and stricken from the Court's docket.
It is so ORDERED.
The Clerk is directed to mail a copy of this Order to the pro se petitioner via certified mail, return receipt requested and to transmit copies of this Order to counsel of record.