JOHN R. TUNHEIM, District Judge.
This matter is before the Court on the parties' objections to the Report and Recommendation ("R&R"). The Magistrate Judge recommended that this Court deny petitioner Calvin S. Wedington's motion for immediate release because Wedington's petition is moot. The Court has reviewed de novo the objections to the R&R pursuant to 28 U.S.C. § 636(b)(1)(C) and D. Minn. L.R. 72.2(b). The Court will adopt the recommendation of the R&R and modify with the changes indicated below the report section. The Court will therefore deny Wedington's motion for relief.
Petitioner Calvin S. Wedington is currently incarcerated at the Federal Medical Center-Rochester. (Mot. for Release, Docket No. 1.) Wedington is serving a life sentence with the possibility of parole for the murder of his wife. (Id. at 2.)
Wedington was sentenced on September 15, 1982. (Aff. of Helen H. Krapels, Ex. A, Sentence Monitoring Computation Data at 1, Docket No. 16.) Because Wedington had served jail credit for time prior to his sentencing, he became eligible for parole on February 20, 2012.
Wedington filed a "Motion for Release" on February 21, 2012 in the United States District Court for the District of Maryland, where he was originally sentenced. (See Motion for Release.) That court construed Wedington's motion as a 28 U.S.C. § 2241 petition and transferred it to this Court. (Order, Mar. 21, 2012, Docket No. 3.) Wedington seeks immediate release because he contends that the United States Parole Commission did not provide timely review of his eligibility for parole. In the R&R, the Magistrate Judge noted that even if the Commission was late in scheduling Wedington's eligibility hearing, the Court cannot grant Wedington the relief he seeks — the most the Court could do is require the Commission to give him "a fair hearing . . . at the earliest possible date." (R&R at 2-3 (quoting Jones v. U.S. Bureau of Prisons, 903 F.2d 1178, 1181 (8
Upon the filing of a R&R by a magistrate judge, a party may "serve and file specific written objections to the proposed findings and recommendations." Fed. R. Civ. P. 72(b)(2); accord D. Minn. L.R. 72.2(b). "The objections should specify the portions of the magistrate judge's report and recommendation to which objections are made and provide a basis for those objections." Mayer v. Walvatne, No. 07-1958, 2008 WL 4527774, at *2 (D. Minn. Sept. 28, 2008). Objections which are not specific are not entitled to de novo review. See, e.g., Martinez v. Astrue, No. 10-5863, 2011 WL 4974445, at *2-3 (E.D. Pa. Oct. 19, 2011) (citing cases from numerous other jurisdictions). In the absence of specific objections, the R&R is reviewed for clear error. Fed. R. Civ. P. 72 advisory committee's note ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."); see also Grinder v. Gammon, 73 F.3d 793, 795 (8
The Court finds that Wedington's filing entitled "Objections to the U.S. Magistrate Response" makes no specific objections to the R&R. Indeed, Wedington states "that Petitioner will not be responding to U.S. Magistrate[']s denial of §§2241. . . ."
Based on the foregoing, and all the files, records, and proceedings herein, the Court
1. Respondent the United States of America is
2. Petitioner Calvin S. Wedington's "Motion for Release" [Docket No. 1] is
3. This case is