Elkins v. State of Mississippi

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Case closed. Signed by Michael P. Mills on 12/8/08. (lpm, USDC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION GREGORY ELKINS V. STATE OF MISSISSIPPI PETITIONER NO. 1:07CV162-M-D RESPONDENT

ORDER OVERRULING OBJECTIONS and ADOPTING REPORT AND RECOMMENDATION Petitioner, with the benefit of counsel, filed this matter pursuant to 28 U.S.C. § 2254. On November 4, 2008, Magistrate Judge Jerry A. Davis recommended that this matter be dismissed with prejudice. On November 19, 2008, Petitioner filed Objections to the Report and Recommendation. Consistent with claims asserted in the petition, the objections focus on two issues: (1) the admissibility of expert testimony from Tomiko Mackey, and (2) the inadmissibility of testimony from Rhett Burlage. Each of these claims were thoughtfully and thoroughly addressed in the Report and Recommendation. Thus, the court finds that Petitioner's arguments are not well-taken and that the objections should be overruled for the reasons stated in the Report and Recommendation, which the court approves and adopts as its opinion. THEREFORE, it is hereby ORDERED that (1) Petitioner's objections to the Report and Recommendation of the United States Magistrate Judge are OVERRULED; (2) the Report and Recommendation is APPROVED and ADOPTED as the opinion of this court; (3) the claims are DISMISSED with prejudice; (4) this matter is CLOSED. SO ORDERED, this the 8th day of December, 2008.

/s/ MICHAEL P. MILLS CHIEF JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI