Opinion
No. 12-cv-1099-DRH-DGW
08-12-2013
TOOLA O. TAYLOR, Petitioner, v. RICK HARRINGTON, Respondent.
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
On October 15, 2012, Toola Taylor filed a Section 2254 petition for a writ of habeas corpus (Doc. 1). Taylor argues that his conviction is unconstitutional due to ineffective assistance of counsel. On March 11, 2013, respondent Michael Atchison filed a motion to dismiss or stay the petition (Doc. 25) for lack of exhaustion of state remedies.
Rick Harrington is now petitioner's custodian and is thus substituted as respondent. See Habeas Corpus Rule 2(a); Fed. R. Civ. P. 25 (d); Bridges v. Chambers, 425 F.3d 1048, 1049 (7th Cir. 2005).
On June 14, 2013, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Donald G. Wilkerson submitted a Report and Recommendation ("R&R") recommending that the Court grant respondent's motion to dismiss and dismiss Taylor's petition for failure to exhaust.
The R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" by July 1, 2013. 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 (Doc. 31). The Court GRANTS respondent's motion to dismiss the petition (Doc. 25) and DISMISSES without prejudice the petition.
IT IS SO ORDERED.
David R. Herndon
Chief Judge
United States District Court