Opinion
CIVIL ACTION NO. 1:07CV125, CRIMINAL ACTION NO. 1:06CR48.
August 25, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On September 17, 2007, pro se petitioner, Kimberly Sue Efaw, ("Efaw") filed a petition for writ of habeas corpus 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 ("R R") in accordance with Local Rule of Prisoner Litigation 83.09.
On June 9, 2008, Magistrate Judge Kaull issued an R R recommending that this Court deny and dismiss Efaw's petition with prejudice. 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, Efaw failed to file any objections.
Efaw'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 (civil dkt. no. 5; criminal dkt. no. 36), GRANTS the respondent's motion to dismiss (civil dkt. no. 4; criminal dkt. no. 34), DENIES the Petition for Writ of Habeas Corpus (civil dkt. no. 1; criminal dkt. no. 29), and DISMISSES this case WITH PREJUDICE. 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.