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Workman v. Gutierrez

United States District Court, N.D. West Virginia
Oct 22, 2007
CIVIL ACTION NO. 1:06CV1 (N.D.W. Va. Oct. 22, 2007)

Opinion

CIVIL ACTION NO. 1:06CV1.

October 22, 2007


ORDER ADOPTING REPORT AND RECOMMENDATION


On January 3, 2006, pro se petitioner Derrick Workman filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The Court referred this matter to United States Magistrate Judge John S. Kaull for initial screening and a report and recommendation in accordance with Local Rule of Prisoner Litigation 83.09. On February 21, 2007, Judge Kaull issued a Report and Recommendation recommending that Workman's case be dismissed with prejudice because the Federal Bureau of Prisons acted reasonably in denying Workman's application into a drug treatment program.

The Report and Recommendation also specifically warned that Workman's failure to object to the recommendation would result in the waiver of his appellate rights on this issue. Nevertheless, McIntyre has not filed any objections.

Workman's failure to object to the Report and Recommendation not only waives his 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 and ORDERS Workman's case DISMISSED WITH PREJUDICE and STRICKEN from the Court's docket.

It is so ORDERED.

The Clerk is directed to mail a copy of this Order to the petitioner.


Summaries of

Workman v. Gutierrez

United States District Court, N.D. West Virginia
Oct 22, 2007
CIVIL ACTION NO. 1:06CV1 (N.D.W. Va. Oct. 22, 2007)
Case details for

Workman v. Gutierrez

Case Details

Full title:DERRICK WORKMAN, Petitioner, v. DOMINIC GUTIERREZ, Respondent

Court:United States District Court, N.D. West Virginia

Date published: Oct 22, 2007

Citations

CIVIL ACTION NO. 1:06CV1 (N.D.W. Va. Oct. 22, 2007)