Opinion
CIVIL ACTION NO. 1:07CV81, CRIMINAL NO. 1:04CR39-1.
November 13, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION
On June 15, 2007, pro se petitioner Donald Keith Nicklo, filed a petition pursuant to 28 U.S.C. § 2255. On August 10, 2007, United States Magistrate Judge John S. Kaull determined that the petition appeared to be untimely and issued a notice to the petitioner in accordance with Hill v. Braxton, 277 F.3d 701, 707 (4th Cir. 2002), advising him that the Magistrate Judge would recommend dismissal of his case unless he could show that his motion was timely. The petitioner never responded to this notice.
On October 25, 2007, the Magistrate Judge entered a Report and Recommendations ("R R") recommending that this Court deny petitioner's motion and dismiss the case with prejudice. The Report and Recommendation also specifically warned that the failure to object to the recommendation would result in the waiver of any appellate rights on this issue. No objections were filed.
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).
Based on the petitioner's failure to object, the Court ADOPTS the Report and Recommendation in its entirety and DENIES the motion (Dkt. No. 19 in 1:04CR39-1 and Dkt. No. 1 in 1:07CV81). It, therefore, ORDERS that this case be DISMISSED WITH PREJUDICE and STRICKEN 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 counsel of record.