Fobair v. Cross

Filing 21

STRICKEN AT #22. ORDER ADOPTING 20 Report and Recommendations. Accordingly, petitioner's claims are dismissed with prejudice.Signed by Chief Judge David R. Herndon on 4/10/2012. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

GARY D. FOBAIR, JR.,
Petitioner,
v.

No. 11-cv-361-DRH-PMF

JAMES N. CROSS,
Respondent.

ORDER
HERNDON, Chief Judge:
Before the Court is a Report and Recommendation (R&R) (Doc. 20), issued
on March 23, 2012, by United States Magistrate Judge Philip M. Frazier
recommending denial of petitioner’s Section 2241 petition for a writ of habeas
corpus (Doc. 1). Generally, petitioner presents various arguments seeking credit
on his federal sentence for time spent incarcerated for state offenses. Additionally,
petitioner argues that Congress delegated too much authority to the U.S. Bureau
of Prisons regarding the calculation of sentences in violation of the Constitution.
The R&R recommends denial of petitioner’s writ, as his claims lack merit.
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. 20-1). Thus, the parties’ objections required filing by April 9,
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2012. 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. 20)
in its entirety and DISMISSES petitioner’s claim with prejudice.
IT IS SO ORDERED.
Signed this 10th day of April, 2012.

Digitally signed by
David R. Herndon
Date: 2012.04.10
11:55:13 -05'00'
Chief Judge
United States District Court

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