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Burke v. Harrington

United States District Court, Seventh Circuit

November 6, 2013

CALVIN BURKE, Petitioner,
v.
RICHARD HARRINGTON, Respondent.

ORDER

DAVID R. HERNDON, Chief District Judge.

On May 10, 2013, Burke filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). Petitioner challenges the revocation of his mandatory supervised release ("MSR"). As of July 22, 2013, his MSR has been completely discharged. Respondent filed a motion to dismiss the claim as moot (Doc. 17). Petitioner failed to respond. On October 11, 2013, United States Magistrate Judge Philip M. Frazier submitted a Report and Recommendation ("the Report") recommending that the Court grant respondent's motion to dismiss and deny petitioner's § 2254 petition.

On October 15, 2013, the Report 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 Report. 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 Report 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 Report (Doc. 20) in its entirety. Respondent's motion to dismiss (Doc. 17) is hereby GRANTED and petitioner's § 2254 petition is DENIED as moot. The Court DISMISSES petitioner's claim without prejudice.

IT IS SO ORDERED.


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