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Hemphill v. Thomas

United States District Court, Seventh Circuit

October 9, 2013

WILLIE HEMPHILL, Petitioner,
v.
J. E. THOMAS, Respondent.

ORDER

DAVID R. HERNDON, Chief District Judge.

Before the Court is a Report and Recommendation (R&R) (Doc. 17), issued on April 26, 2013, by United States Magistrate Judge Donald G. Wilkerson, recommending denial of petitioner Willie Hemphill's § 2241 petition for a writ of habeas corpus (Doc. 1). Petitioner challenges his conviction of possessing a weapon, a 5.5 inch shank that was found in a locker in petitioner's cell, which resulted in the revocation of good time credits among other things (Doc. 1).

On April 26, 2013, the R&R was sent to the parties with a notice informing them of their right to file objections within fourteen days of service. Neither party filed timely objections to the R&R. Thus, 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). In reviewing the unobjected to R&R for clear error, the Court is satisfied that Magistrate Judge Frazier's recommendation is correct. See Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999). Accordingly, the Court ADOPTS the R&R (Doc. 17) in its entirety. Petitioner's § 2241 petition is DENIED. The Court DISMISSES petitioner's claim with prejudice.

IT IS SO ORDERED.


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