Jones v. McCann et al, No. 3:2008cv00442 - Document 26 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations. Signed by Judge J. Phil Gilbert on 9/10/09. (bkl)
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TIMOTHY JONES, Petitioner, v. Case No. 08-cv-442-JPG TERRY McCANN, Respondent. MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation ( Report ) (Doc. 25) of Magistrate Judge Clifford J. Proud recommending that the Court deny petitioner Timothy Jones petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 (Doc. 1). 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 must review de novo the portions of the report to which 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 Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999). The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby ADOPTS the Report in its entirety (Doc. 25), DENIES Jones petition (Doc. 1), and DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED. DATED: September 10, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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