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Othman v. Gonzales

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


March 19, 2010

RAMIE JAFFER OTHMAN, PETITIONER,
v.
ALBERTO GONZALES, ET AL., RESPONDENTS.

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

ORDER

Before the Court is a Report and Recommendation ("R&R") (Doc. 15), issued on March 1, 2010, by United States Magistrate Judge Donald G. Wilkerson, recommending that Othman's § 2241 habeas petition (Doc. 1) be dismissed for lack of jurisdiction. Upon issuance, the R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within fourteen (14) days of service (See Doc. 15-1). Neither party has filed timely objections to the R&R.*fn1 Therefore, 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). Accordingly, the Court ADOPTS the R&R (Doc. 15) in its entirety. As such, Othman's § 2241 habeas petition (Doc. 1) is DISMISSED for lack of subject matter jurisdiction. The Court will close the case file.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court


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