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Daniel Gregory Hedger v. Guy D. Pierce

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


June 7, 2011

DANIEL GREGORY HEDGER, PETITIONER,
v.
GUY D. PIERCE, RESPONDENT.

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

ORDER

On December 1, 2010, respondent Guy Pierce filed a motion to dismiss (Doc. 9). Specifically, respondent moved to dismiss petitioner Daniel Gregory Hedger's petition for a writ of habeas corpus as untimely.

On May 19, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B), Magistrate Judge Donald Wilkerson submitted a Report and Recommendation ("Report") recommending the Court grant the motion to dismiss (Doc. 16).

The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" by June 6, 2011. To date, none of the parties have 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, 474 U.S. 140, 149-52 (1985).

The Court ADOPTS the Report in its entirety. The Court FINDS the petition is untimely and procedurally defaulted, and that petitioner has not provided sufficient justification to overcome the procedural bar. Therefore, respondent's motion to dismiss is GRANTED and the petition is DISMISSED with prejudice. Judgment to enter accordingly.

IT IS SO ORDERED.

Digitally signed by David R. Herndon Chief Judge United States District Court

Date: 2011.06.07 15:16:10 -05'00'

20110607

© 1992-2011 VersusLaw Inc.



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