Opinion
CIVIL ACTION NO. 1:10CV108, CRIMINAL NO. 1:02CR50.
October 7, 2011
ORDER ADOPTING REPORT AND RECOMMENDATION
On July 14, 2010, pro se petitioner, Danny Ray Johnson ("Johnson"), filed a petition pursuant to 28 U.S.C. § 2255. The Court referred this matter to United States Magistrate Judge Joel for initial screening and a report and recommendation in accordance with Local Rule of Prisoner Litigation 83.09.
On September 19, 2011, Magistrate Judge Joel issued an Opinion and Report and Recommendation ("R R") recommending that Johnson's Motion to Vacate, Set Aside, or Correct Sentence be denied as moot. (Doc. No. 157, case No. 1:02CR50 Doc. No. 21, case No. 1:10CV108). The R R also specifically warned that failure to object to the recommendation would result in the waiver of any appellate rights on this issue. The parties did not file any objections.
The failure to object to the Report and Recommendation not only waives the 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. Accordingly, the Court DENIES AS MOOT the motion to vacate (Doc. No. 157, case No. 1:02CR50 Doc. No. 21, case No. 1:10CV108) and ORDERS the case DISMISSED WITHOUT PREJUDICE and stricken from the Court's docket.
Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of both orders to counsel of record and to the pro se petitioner, certified mail, return receipt requested.
Exhibit