Finley v. Cross

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION IN ENTIRETY 29 REPORT AND RECOMMENDATIONS re 19 MOTION to Substitute Party (Warden Anthony Haynes) filed by James Cross, Magistrate Judge Magistrate Judge Philip M. Frazier referral terminated. Case transferred to United States District Court for Eastern DIstrict Arkansas. Signed by Chief Judge David R. Herndon on 1/28/2013. (kar) [Transferred from ilsd on 1/29/2013.]

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THOMAS FINLEY,
PETIONER,
V.
JAMES CROSS,
RESPONDENT.

No. 11-cv-1069-DRH-PMF

MEMORANDUM AND ORDER
HERNDON, Chief Judge:
Before the Court is a Report and Recommendation (“R&R”) (Doc. 29),
issued on January 3, 2013, by United States Magistrate Judge Philip M. Frazier
recommending granting respondent’s motion to substitute party (Doc. 19) and
that the case be transferred to the United States District Court for the Eastern
District of Arkansas. Petitioner filed his petition for a writ of habeas corpus (Doc.
1) when he was confined in the Federal Correctional Institution in Greenville.
Subsequently, petitioner was transferred to Forrest City Federal Correctional
Institution in Arkansas.

The proposed party to substitute is the warden at

Forrest City. The R&R recommends granting of respondent’s motion to substitute
as no appropriate respondent remains in this District.

The R&R

further

recommends transfer of the case to the Eastern District of Arkansas, as this Court
lacks personal jurisdiction over the petitioner’s immediate respondent.

Page 1 of 2

Upon issuance, the R&R was sent to the parties with a notice informing
them of their right to appeal by way of filing objections within fourteen days of
service (See Doc. 29-1). Thus, the parties’ objections required filing by January
22, 2013. Neither party filed timely objections to the R&R. Therefore, pursuant
to 28 U.S.C. § 636(b), this Court need not conduct a de novo review. Thomas v.
Arn, 474 U.S. 140, 149-52 (1985).

Accordingly, the Court ADOPTS the R&R

(Doc. 29) in its entirety and grants respondent’s motion to substitute and
transfers the case to the United States District Court for the Eastern District of
Arkansas.
IT IS SO ORDERED.
Signed this 28th day of January, 2013.

David R.
Herndon
2013.01.28
15:53:36 -06'00'
Chief Judge
United States District Court

Page 2 of 2