Fletcher v. Roal

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety, petition is denied as moot. Signed by Chief Judge David R. Herndon on 8/29/2013. (kar)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JUSTIN L. FLETCHER,
Petitioner,
v.
WENDY ROAL,
Respondent.

No. 12-cv-00030-DRH-PMF
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
On January 12, 2012, Justin Fletcher filed a Section 2241 petition for a
writ of habeas corpus (Doc. 1). Fletcher argues that the committee that reviewed
the recommendation of his custody status failed to give meaningful consideration
to specific criteria. On October 4, 2012, respondent Wendy Roal filed a response
(Doc. 6) reporting that Fletcher was transferred to a halfway house on June 16,
2012 and released from confinement on September 13, 2012; thus his petition is
moot.
On February 25, 2013, pursuant to 28 U.S.C. § 636(b)(1)(B), United States
Magistrate Judge Philip M. Frazier submitted a Report and Recommendation
(“R&R”) recommending that the Court deny Fletcher’s petition for mootness.
The R&R was sent to the parties with a notice informing them of their right
to appeal by way of filing “objections” by March 14, 2013. To date, none of the
parties have filed objections, and the period in which to file objections has

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expired. 1 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).
Thus. the Court ADOPTS the R&R in its entirety (Doc. 8).

The Court

DENIES the petition as moot.
IT IS SO ORDERED.
Signed this 29th day of August, 2013.

Digitally signed by
David R. Herndon
Date: 2013.08.29
15:08:28 -05'00'
Chief Judge
United States District Court

1

On February 26, 2013, the R&R was sent to Fletcher. On March 11, 2013, the
mail was returned as undeliverable, which the Court infers is an indication that
petitioner has moved. The Court notes that Fletcher has not complied with SDILLR3.1(b), which states, “All petitioners and plaintiffs are under a continuing
obligation to keep the Clerk of Court and each opposing party informed of any
change in his or her location. This shall be done in writing and not later than 7
days after a transfer or other change of address occurs.”
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