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Gary D. Fobair, Jr v. James N. Cross

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


April 10, 2012

GARY D. FOBAIR, JR., PETITIONER,
v.
JAMES N. CROSS, RESPONDENT.

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

ORDER

Before the Court is a Report and Recommendation (R&R) (Doc. 20), issued on March 23, 2012, by United States Magistrate Judge Philip M. Frazier recommending denial of petitioner's Section 2241 petition for a writ of habeas corpus (Doc. 1). Generally, petitioner presents various arguments seeking credit on his federal sentence for time spent incarcerated for state offenses. Additionally, petitioner argues that Congress delegated too much authority to the U.S. Bureau of Prisons regarding the calculation of sentences in violation of the Constitution. The R&R recommends denial of petitioner's writ, as his claims lack merit. 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 days of service (See Doc. 20-1). Thus, the parties' objections required filing by April 9, 2012. Neither party filed timely objections to the R&R. 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. 20) in its entirety and DISMISSES petitioner's claim with prejudice. IT IS SO ORDERED.

signed by Date: 2012.04.10

Digitally

David R. Herndon Chief Judge United States District Court

20120410

© 1992-2012 VersusLaw Inc.



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