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Riley v. Davis

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


March 10, 2008

FLOYD E. RILEY, PETITIONER,
v.
RANDY DAVIS, RESPONDENT.

The opinion of the court was delivered by: Herndon, Chief Judge

MEMORANDUM AND ORDER

On September 22, 2005, Floyd E. Riley filed a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. 1). Specifically, Riley's petition challenges the Bureau of Prisons ("BOP") regulations regarding placement in community corrections and seeks a declaration indicating that BOP had discretion to consider him for community confinement during the last six months of his confinement. On May 23, 2006, Riley was transferred to a community corrections facility in the Kansas City area. On July 13, 2006, he was released from detention.

Pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge Donald G. Wilkerson submitted a Report and Recommendation ("the Report") on February 19, 2008 (Doc. 13). The Report recommends that the Court deny as moot Riley's petition as he was released from detention on July 13, 2006.

The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "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 (Doc. 13). The Court DENIES as moot Riley's petition (Doc. 1). The Court DISMISSES with prejudice Riley's petition. The Court ORDERS the Clerk of the Court to enter judgment reflecting the same.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20080310

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