Opinion
CIVIL ACTION NO. 1:07CV130.
December 6, 2007
ORDER ADOPTING REPORT AND RECOMMENDATION
On September 24, 2007, pro se petitioner, Jonathan Lee Riches ("Riches"), filed a civil rights complaint against the above named defendants. On the same day, the Clerk of the Court sent Riches a deficiency notice and "Notice of General Guidelines for Appearing Pro Se in Federal Court." The Court then referred this matter to United States Magistrate Judge John S. Kaull for initial screening and a report and recommendation.
On November 8, 2007, Magistrate Judge Kaull issued an Opinion and Report and Recommendation finding that Riches had neither paid the required filing fee nor filed a request to proceed in forma pauperis, and, therefore, recommending that the case should be dismissed without prejudice.
The Report and Recommendation specifically warned the petitioner that failure to object to the recommendation within ten days of being served with a copy 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).
Therefore, the Court ADOPTS the Report and Recommendation in its entirety and ORDERS Riches' case DISMISSED WITHOUT 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.