Sowell v. DeBoo, No. 1:2009cv00034 - Document 19 (N.D.W. Va. 2009)
Court Description: ORDER ADOPTING OPINION/REPORT AND RECOMMENDATION; GRANTS 12 Motion to Dismiss; ADOPTS 17 Opinion/Report and Recommendations; DENIES Sowells petition under § 2241 and DISMISSES the case WITH PREJUDICE. Signed by District Judge Irene M Keeley on 7/9/2009. (Copy counsel of record via CM/ECF, pro se petitioner by certified mail)(jmm) (Additional attachment(s) added on 7/9/2009: # 1 receipt) (jmm).
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA RANDY THOMAS SOWELL, Petitioner, v. // CIVIL ACTION NO. 1:09CV34 (Judge Keeley) KUMA DEBOO, Warden, Respondent. ORDER ADOPTING OPINION/REPORT AND RECOMMENDATION On February 24, 2009, pro se petitioner, Randy Thomas Sowell ( Sowell ), filed a petition for habeas corpus relief 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. Following an order to show cause issued by Magistrate Judge Kaull, the defendant, Warden Kuma Deboo ( Deboo ), filed a motion to dismiss on April 10, 2009. After completion of the briefing on that motion, Magistrate Judge Kaull issued an Opinion and Report and Recommendation ( R&R ) on June 15, 2009, in which he recommended that the defendant s motion to dismiss be granted, Sowell s § 2241 petition be denied, and the case be dismissed with prejudice. The R&R also specifically warned Sowell that failure to object to the recommendation within ten days following his receipt of the SOWELL V. DEBOO 1:09CV34 ORDER ADOPTING OPINION/REPORT AND RECOMMENDATION R&R would result in the waiver of any appellate rights on this issue. No objections have been filed by Sowell.1 The Court, therefore, ADOPTS the Report and Recommendation in its entirety (dkt. no. 17), GRANTS the motion to dismiss (dkt. no. 12), DENIES Sowell s petition under § 2241 (dkt. no. 1) and DISMISSES the case WITH PREJUDICE. It is so ORDERED. Pursuant to Fed.R.Civ.P. 58, the Court directs the Clerk of Court to enter a separate judgment order and to transmit copies of this Order to counsel of record and to mail a copy to the pro se petitioner, certified mail, return receipt requested. Dated: July 9, 2009 /s/ Irene M. Keeley IRENE M. KEELEY UNITED STATES DISTRICT JUDGE 1 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). 2
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