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Gilliam v. Battaglia

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 10, 2009

OASBY GILLIAM, PETITIONER,
v.
DEIRDRE BATTAGLIA, RESPONDENT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendations (hereinafter "R&R") (Doc. 20) of Magistrate Judge Donald G. Wilkerson, wherein he recommends, inter alia, that the Court deny Petitioner Oasby Gilliam's Petition for Writ of Habeas Corpus (Doc. 1) and dismiss this case. The time for objections has passed, and no objections have been filed.*fn1

For the following reasons, the Court ADOPTS the R&R in its entirety.

After reviewing a magistrate judge's report and recommendation, the Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in the report. Fed. R. Civ. P. 72(b). The Court must review de novo the portions of the report to which objections are made. The Court has discretion to conduct a new hearing and may consider the record before the magistrate judge anew or receive any further evidence deemed necessary. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the R&R. The Court has reviewed the entire file and finds that Magistrate Judge Wilkerson's R&R is not clearly erroneous. Accordingly, the Court hereby ADOPTS the R&R in its entirety (Doc. 20). Specifically, the Court ORDERS that Terry McCann, the current warden of Stateville Correctional Center, be substituted for Respondent Deirdre Battaglia. Further, the Court DENIES Gilliam's Petition for Writ of Habeas Corpus (Doc. 1) and DISMISSES this case with prejudice. See, e.g., Lilly v. Evans, Civil No. 05-728-GPM, 2007 WL 4293163, *1 (S.D. Ill. Dec. 3, 2007) (denial of habeas corpus petition on the merits dictates dismissal with prejudice). The Court DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED


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