Barma v. Mulch et al

Filing 35

ORDER ADOPTING 34 Report and Recommendations re 2 Petition for Writ of Habeas Corpus, filed by Rajendra Barma. Signed by Chief Judge David R. Herndon on 4/15/10. (seg)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RAJENDRA BARMA, Plaintiff, v. ROGER MULCH, Jefferson County Sheriff, RICARDO A. WONG, Field Office Director, U.S. Immigration and Customs Enforcement, and JANET NAPOLITANO, Secretary, U.S. Department of Homeland Security, Defendants. Case No. 09-cv-934-DRH-DGW

MEMORANDUM & ORDER HERNDON, Chief Judge: This matter is before the Court on the Report and Recommendations ("R&R") issued pursuant to 28 U.S.C. § 636(b)(1)(B) by United States Magistrate Judge Wilkerson (Doc. 34). The R & R's conclusion, based on the Magistrate Judge's review of the record and the applicable law, is that the Petitioners Petition for Habeas Corpus Pursuant (Doc. 2) to 28 U.S.C. § 2241, et seq. and §§ 1131 and 1361, as well as the Administrative Procedure Act, 5 U.S.C. § 704, be denied. 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. The time period in which to file an objection has lapsed. Neither party has filed any Page 1 of 2

objection. 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. 34) in its entirety and DENIES Petitioner Rajendra Barma's Petition for Habeas Corpus (Doc. 2). IT IS SO ORDERED. Signed this 15th day of April, 2010

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

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