Whetstone v. MDOC Parole Board et al

Filing 14

FINAL JUDGMENT in favor of MDOC Parole Board and Attorney General of the State of Mississippi against Nevin Kerr Whetstone. CASE CLOSED. Signed by District Judge Sharion Aycock on 6/14/16. (rel)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
NEVIN KERR WHETSTONE

PETITIONER

v.

No. 1:15CV139-SA-JMV

MDOC PAROLE BOARD, ET AL.

RESPONDENTS

FINAL JUDGMENT
In accordance with the memorandum opinion issued today in this cause, the State’s motion to
dismiss the instant petition for a writ of habeas corpus is GRANTED, and the petition is
DISMISSED with prejudice and without evidentiary hearing as untimely filed under 28 U.S.C. §
2244(d). In addition, the petitioner’s allegation regarding denial of adequate medical treatment is
DISMISSED because it does not constitute a valid federal habeas corpus claim; however, the
dismissal is without prejudice to the petitioner’s ability to raise the allegation in a separate suit filed
under 42 U.S.C. § 1983.

SO ORDERED, this, the 14th day of June, 2016.
/s/ Sharion Aycock_____________
U.S. DISTRICT JUDGE