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Brown v. Merchant

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


March 1, 2009

KERRY L. BROWN, PLAINTIFF,
v.
JAY MERCHANT, DEFENDANT.

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

ORDER

On June 6, 2006, Kerry L. Brown, an inmate at the Shawnee Correctional Center, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2002 conviction in the Circuit Court, Jackson County, Illinois, for driving under the influence, for which he was sentenced to 200 days in the Jackson County Jail (with day-for-day credit) and 24 months probation. (Doc. 1, pp. 3-4; see also Doc. 18-2 and Doc. 18-7). Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), Magistrate Judge Clifford J. Proud submitted a Report and Recommendation (R&R) on February 2, 2009 (Doc. 31). The R&R recommends the Court dismiss Brown's Section 2254 petition for writ of habeas corpus (Doc. 1) with prejudice due to lack of jurisdiction, and deny his Motion to Grant Habeas Corpus (Doc. 29). The R&R 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, neither party has filed objections, and 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, 747 U.S. 140, 149-52 (1985).

Accordingly, the Court ADOPTS the R&R in its entirety (Doc. 31). The Court DENIES Brown's petition for writ of habeas corpus (Doc. 1) and motion to grant habeas corpus (Doc. 29) and DISMISSES with prejudice this action due to lack of jurisdiction. Clerk to enter judgment accordingly.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court

20090301

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