Summary
In Johns v. Montgomery (265 Ill. 21), where the trust deed required the retention of the land and its operation for agricultural purposes, the court recognized its duty and that of the trustee to protect the estate.
Summary of this case from Matter of PulitzerOpinion
CASE NO. 15cv1556 DMS (NLS)
08-30-2016
GERRY JOHNS, Petitioner, v. W.L. MONTGOMERY, Warden, Respondent.
ORDER (1) ADOPTING REPORT AND RECOMMENDATION AND (2) GRANTING MOTION TO DISMISS
On July 9, 2015, Petitioner Gerry Johns ("Petitioner"), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254. On October 5, 2015, Respondent filed a motion to dismiss the petition on the grounds it is a second or successive petition and also untimely. On March 16, 2016, Magistrate Judge Nita L. Stormes issued a Report and Recommendation ("R&R"), recommending that the Court grant Respondent's motion to dismiss. Petitioner filed objections to the R&R on March 29, 2016.
This Court, having reviewed de novo the Magistrate Judge's R&R and Petitioner's objections thereto adopts the R&R in its entirety. Respondent's motion to dismiss is granted. The Court finds no basis for a certificate of appealability. The Clerk of Court shall enter judgment accordingly, and terminate this case. DATED: August 30, 2016
/s/_________
HON. DANA M. SABRAW
United States District Judge