Pollard v. Sherrod

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS and ORDER DISMISSING CASE WITH PREJUDICE. Signed by Chief Judge David R. Herndon on 10/22/10. (klh, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RONALD RAY POLLARD, Petitioner, v. WARDEN JAMES CROSS, Respondent. ORDER HERNDON, Chief Judge: On February 23, 2010, Ronald Ray Pollard, an inmate housed at the Federal Correctional Institution in Greenville, Illinois, filed a habeas corpus petition pursuant to 28 U.S.C. § 2241 (Doc. 1). In his petition, Pollard claims that he should receive the full 12-month placement in a Residential Reentry Center ("RRC") as allowed under the Second Chance Act, and that he had been "... IMPERMISSIBLY DENIED HIS RIGHT TO BE CONSIDERED FOR A FULL YEAR OF HALFWAY HOUSE PLACEMENT ... WITHOUT DUE CONSIDERATION OF THE FIVE FACTORS OUTLINED IN 18 U.S.C. § 3621(B)." (Doc. 13). On October 1, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge Philip M. Frazier submitted a Report and Recommendation ("the Report") (Doc. 14). The Report recommends that the Court deny Pollard's petition for writ of habeas corpus and dismiss with prejudice this matter. The Report was sent to the parties with a notice informing them of their right to appeal by way of filing Page 1 of 2 No. 10-0143-DRH

"objections" within ten days of service of the Report. To date, none of the parties has filed objections. The period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Accordingly, the Court ADOPTS the Report in its entirety (Doc. 14). The Court DENIES Pollard's petition for habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). Further, the Court DISMISSES with prejudice Pollard's cause of action. The Court DIRECTS the Clerk of the Court to enter judgment reflecting the same. IT IS SO ORDERED. Signed this 22nd day of October, 2010.

David R. Herndon 2010.10.22 10:17:48 -05'00'
Chief Judge United States District Court

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