Dorvil v. Hollingsworth

Filing 15

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS, DENYING petitioners habeas corpus petition as moot and DISMISSING the case without prejudice. See Order for details. Signed by Chief Judge David R. Herndon on 12/12/2013. (kbl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
HAROLD DORVIL,
Petitioner,
v.

No. 3:11-cv-00408-DRH

LISA HOLLINGSWORTH,
Respondent.
ORDER
HERNDON, Chief Judge:
On March 31, 2011, Dorvil filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241 (Doc. 1). Petitioner claims that he should be given
credit for his time spent in custody from May 27, 2007 through July 9, 2008
against his sentence as discussed at the time of sentencing by District Judge
Daniel T. Hurley, District Court for the Southern District of Florida. On April 11,
2011, Judge Hurley ordered the Bureau of Prisons (“BOP”) to credit the petitioner
with the time he requested in this petition.

Thereafter the BOP recomputed

petitioner’s sentence making him eligible for release on January 16, 2013.
Petitioner was released from custody on February 12, 2013. 1
On November 22, 2013, United States Magistrate Judge Donald G.
Wilkerson

submitted

a

Report

and

Recommendation

(“the

Report”)

recommending that the Court deny petitioner’s petition as moot and dismiss the

1

See Federal Bureau of Prisons, Inmate Locator at www.bop.gov/iloc2/LocateInmate.jsp (last visited December 11,
2013).
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matter. The Report was sent to the parties with a notice informing them of their
right to file objections within fourteen days of service. Neither party filed timely
objections to the Report. Thus, 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). In
reviewing the unobjected to Report for clear error, the Court is satisfied that
Magistrate Judge Wilkerson’s recommendation is correct. See Johnson v. Zema
Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). Accordingly, the Court ADOPTS
the Report (Doc. 14) in its entirety. Dorvil’s petition for writ of habeas corpus
pursuant to Section 2241 is hereby DENIED as moot. The Court DISMISSES
petitioner’s claim without prejudice.
IT IS SO ORDERED.
Singed this 12th day of December, 2013.

Digitally signed by
David R. Herndon
Date: 2013.12.12
10:00:04 -06'00'
Chief Judge
United States District Court

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