Opinion
CIVIL ACTION NO. 1:11CV73
08-31-2011
WILLIAM EUGENE WEBB, Petitioner, v. KUMA J. DEBOO, Warden, LT. HUMPHRIES, SHU Lieutenant, OFFICER RIDGEWAY, SHU #1 Officer, UNKNOWN OFFICERS OF THE FEDERAL BUREAU OF PRISONS, Respondents.
(Judge Keeley)
ORDER ADOPTING REPORT AND RECOMMENDATION
[DKT. NO. 9], AND DENYING AS MOOT PETITIONER'S MOTIONS TO PROCEED
IN FORMA PAUPERIS [DKT. NO. 2] AND TO STAY [DKT. NO. 8]
On May 5, 2011, the pro se petitioner, William Eugene Webb ("Webb"), filed a petition for a writ of mandamus, moved to proceed in forma pauperis and to stay proceedings because he was being transported from FCI Gilmer to Florida. The Court referred this matter to the Honorable James E. Seibert, United States Magistrate Judge ("Magistrate Judge Seibert"), for initial screening and a report and recommendation.
On June 6, 2011, Magistrate Judge Seibert issued a Report and Recommendation ("R&R") recommending that the Court deny and dismiss Webb's petition, and deny as moot his motions to proceed in forma pauperis and to stay because Webb is no longer housed at FCI Gilmer and is in Florida. The R&R also specifically warned Webb that failure to object to the recommendation within fourteen days of receipt of the R&R would result in the waiver of any appellate rights on these issues. To date, Webb has not filed any objections to the R&R and the time for doing so has passed. The Court, therefore, ADOPTS the R&R in its entirety (dkt. nos. 8), DENIES AS MOOT Webb's motion, and DISMISSES this case WITHOUT PREJUDICE.
The failure to object to the R&Rs 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, 148-53 (1985); Wells v. Shriners Hosp., 109 F.3d 198, 199-00 (4th Cir. 1997).
It is so ORDERED.
The Court directs the Clerk to transmits copies of this Order to counsel of record, and to mail a copy to the pro se plaintiff, William Eugene Webb, via certified mail, return receipt requested.
IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE