IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
September 16, 2011
RUSSEL D. BASS, PETITIONER,
LISA J.W. HOLLINGSWORTH, WARDEN, UNITED STATES PENITENTIARY AT MARION, IL, RESPONDENT.
The opinion of the court was delivered by: J. Phil Gilbert District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on Magistrate Judge Philip M. Frazier's Report and Recommendation ("R & R") (Doc. 12) of 10/15/2010, wherein it is recommended that Respondent's Motion to Dismiss Petitioner Russel D. Bass's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 for lack of subject matter jurisdiction (Doc. 10) be granted and that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) be denied. Petitioner Russel Bass did object to the R & R. 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 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.
The Court must review de novo the portions of the report to which specific written objections are made. 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). Russel D. Bass has filed an objection, however, the objection consists of blanket statements rejecting the R&R and do not provide any substance or rationale behind the objection. (Doc. 13). After acknowledging Mr. Bass's objections and reviewing Judge Frazier's R & R under a de novo standard of review, the Court finds the Report and Recommendation to be an accurate statement of the law applied to Mr. Bass.
Accordingly, the Court hereby ADOPTS the R & R (Doc.12) in its entirety, whereby the Court GRANTS the Respondent's Motion to Dismiss with prejudice (Doc. 10) and DENIES the Petitioner's Petition for Writ of Habeas Corpus (Doc. 1).
IT IS SO ORDERED.
J. PHIL GILBERT
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