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Hunter v. U.S.

United States District Court, N.D. West Virginia
Sep 6, 2005
Civil Action No. 1:05CV43 (N.D.W. Va. Sep. 6, 2005)

Opinion

Civil Action No. 1:05CV43.

September 6, 2005


ORDER ADOPTING REPORT AND RECOMMENDATION


On March 11, 2005, pro se petitioner Leonard Hunter 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 June 24, 2005, Judge Kaull issued a Report and Recommendation recommending that Hunter's case be dismissed without prejudice. The Magistrate Judge determined that the petitioner has not exhausted his administrative remedies; that the Bureau of Prison's policy regarding community corrections and good time credits is proper and recommended that the petitioner's 2241 petition be denied.

The Report and Recommendation also specifically warned that failure to object to the report and recommendation would result in the waiver of any appellate rights on this issue. Nevertheless, Hunter failed to file any objections.

Hunter'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 WITHOUT 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 and to transmit copies of this Order to counsel of record.


Summaries of

Hunter v. U.S.

United States District Court, N.D. West Virginia
Sep 6, 2005
Civil Action No. 1:05CV43 (N.D.W. Va. Sep. 6, 2005)
Case details for

Hunter v. U.S.

Case Details

Full title:LEONARD HUNTER, Petitioner v. UNITED STATES OF AMERICA, Respondent

Court:United States District Court, N.D. West Virginia

Date published: Sep 6, 2005

Citations

Civil Action No. 1:05CV43 (N.D.W. Va. Sep. 6, 2005)