Othman v. Gonzales et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS, dismissing petition for lack of subject matter jurisdiction. Signed by Chief Judge David R. Herndon on 3/19/10. (anj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RAMIE JAFFER OTHMAN, Petitioner, v. ALBERTO GONZALES, et al., Respondents. ORDER HERNDON, Chief Judge: No. 07-13-DRH

Before the Court is a Report and Recommendation ("R&R") (Doc. 15), issued on March 1, 2010, by United States Magistrate Judge Donald G. Wilkerson, recommending that Othman's § 2241 habeas petition (Doc. 1) be dismissed for lack of jurisdiction. 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 (14) days of service (See Doc. 15-1). Neither party has filed timely objections to the R&R.1 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. 15) in its entirety. As such, Othman's § 2241 habeas

The Court notes that a copy of the R&R was sent to petitioner Othman but that it was returned as undeliverable (Doc. 16). It is apparent that Petitioner's address changed subsequent to his release from the Tri-County Detention Center, but Petitioner did not apprise the Court of his new address as he is required to do.

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petition (Doc. 1) is DISMISSED for lack of subject matter jurisdiction. The Court will close the case file. IT IS SO ORDERED. Signed this 19th day of March, 2010.

/s/ DavidRHer|do| Chief Judge United States District Court

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