Opinion
CIVIL ACTION NO. 1:11CV94
06-11-2012
RICHARD WINNING, Plaintiff, v. ADRIAN HOKE, Warden; TOM CHENOWETH, IMC, DEBBIE CONTRAL, and RANDY SHEEVES, B-1 Unit Manager, Defendants.
(Judge Keeley)
ORDER ADOPTING REPORT AND RECOMMENDATION
On June 13, 2011, the pro se plaintiff, inmate Richard Winning ("Winning"), filed his complaint, pursuant to 42 U.S.C. § 1983, alleging that the defendants refused his requests to be transferred to a different cell unit. On September 2, 2011, the defendants filed a motion to dismiss, following which the Court referred the matter to United States Magistrate Judge John S. Kaull for initial screening and a report and recommendation in accordance with LR PL P 2.
On November 28, 2011, Magistrate Judge Kaull issued a Report and Recommendation ("R&R") that recommended dismissal of Winning's complaint for failure to exhaust his administrative remedies. Although Winning initiated administrative grievances, he failed to appeal after his Unit Supervisor and Warden denied them, and he offered no excuse for his failure to exhaust.
Although Magistrate Judge Kaull informed Winning that failure to object to the R&R within fourteen (14) days would result in the waiver of his appellate rights on this issue, Winning filed no objections. The Court therefore ADOPTS the R&R in its entirety, GRANTS the defendants' motion to dismiss (dkt. no. 16), DISMISSES this case WITH PREJUDICE, and ORDERS that it be STRICKEN from the Court's docket.
Winning's failure to object to the Report and Recommendation waives his appellate rights in this matter and 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).
Pursuant to Fed. R. Civ. P. 58, the Court directs the Clerk 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.
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IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE