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Eric Sutton v. Zach Roeckeman

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


December 18, 2012

ERIC SUTTON, PETITIONER,
v.
ZACH ROECKEMAN, RESPONDENT.

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

ORDER

On October 6, 2011, petitioner Eric Sutton filed this petition pursuant to 28 U.S.C. § 2254 against the respondent, Ty Bates,*fn1 warden of the Big Muddy River Correctional Center (Doc. 1). Specifically, petitioner raised a claim of actual innocence of his 1998 murder and attempted murder convictions.On November 27, 2012, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Phillip M. Frazier submitted a Report and Recommendation ("R&R") (Doc. 19) recommending that the Court deny and dismiss petitioner's § 2254 motion on the basis that petitioner's claim of actual innocense is not a cognizable ground for federal habeas corpus relief. The R&R also recommended that not certificate of appealability should issue.

The R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" on or before December 14, 2012. 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).

Thus, the Court adopts the R&R in its entirety. Petitioner's § 2254 motion is denied, and this case is dismissed with prejudice. No certificate of appealability shall be issued.

2012.12.18

16:27:24 -06'00'

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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