Opinion
No. 04-CV-905-DRH.
September 30, 2005
MEMORANDUM AND ORDER
On December 9, 2004, Petitioner C. Rodney Yoder, filed a writ of habeas corpus challenging charges brought against him in April, 2003 by the Randolph County State's Attorney. (Doc. 1.) Specifically, Plaintiff claims that because the April, 2003 charges (for attempted murder, aggravated battery, and possession of a weapon by a felon) arise out of the same incident that gave rise to his previous 180-day confinement at the Chester Mental Health Center, they violate the Fifth Amendment's Double Jeopardy Clause, the Illinois Constitution, and Illinois statutory law. (Doc. 1, p. 4; Ex. A, pp. 1-6.)
This matter comes before the Court on a Report and Recommendation ("the Report") filed by U.S. Magistrate Judge Donald G. Wilkerson on August 16, 2005, pursuant to 28 U.S.C. § 636(b)(1)(B). (Doc. 17.) Magistrate Judge Wilkerson's Report recommends that Mr. Yoder's Petition be denied and that this matter be dismissed.
Under Rule 73.1 of the Local Rules of the Southern District of Illinois, the parties had ten days in which to serve and file written objections to the Report. As of this date, no objections have been filed. The ten-day period in which parties may 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).
Accordingly, the Court ADOPTS the Report. (Doc. 17.) Mr. Yoder's Petition for a Writ of Habeas Corpus is DENIED and DISMISSED with prejudice. (Doc. 1.)
IT IS SO ORDERED.