Opinion
CIVIL ACTION NO. 1:07CV119.
February 21, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On September 7, 2007, pro se petitioner, Brian Zaccardelli ("Zaccardelli"), 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 James E. Seibert for initial screening and a report and recommendation ("R R") in accordance with Local Rule of Prisoner Litigation 83.09.
After initial review, on September 18, 2007, Magistrate Judge Seibert entered an R R recommending that this Court dismiss Zaccardelli's claims without prejudice. On September 28, 2007, Zaccardelli filed a motion to reconsider. Magistrate Judge Seibert granted the motion on October 1, 2007, and vacated his R R.
Thereafter, on October 29, 2007, the respondent filed a motion to dismiss Zaccardelli's claims as moot. Zaccardelli responded on November 8, 2007. On December 27, 2007, Magistrate Judge Seibert entered an R R recommending that this Court GRANT the respondent's motion, DISMISS Zaccardelli's claims AS MOOT, and DISMISS this case WITH PREJUDICE.
The R R specifically warned that failure to object to the Magistrate Judge's recommendations would result in the waiver of any appellate rights on this issue. Nevertheless, Zaccardelli failed to file any objections.
Zaccardelli'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 (dkt. no. 17), GRANTS respondent's motion (dkt. no. 12), DENIES Zaccardelli's claims as moot, and DISMISSES this case WITH PREJUDICE. The Court orders the Clerk to STRIKE this case from the Court's docket.
The Clerk is directed to mail a copy of this Order to the pro se petitioner via certified mail, return receipt requested and to transmit copies of this Order to counsel of record.