Jackson v. Hall et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 9 Motion to Dismiss for Failure to State a Claim, filed by Pelicia Hall, Attorney General of the State of Mississippi, and 14 Report and Recommendations. Signed by District Judge Debra M. Brown on 12/28/18. (rcm) (Main Document 16 replaced on 12/28/2018) (rcm).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
BILDRICK JACKSON
V.

PETITIONER
NO. 4:17-CV-114-DMB-JMV

PELICIA HALL and ATTORNEY
GENERAL OF THE STATE OF
MISSISSIPPI

RESPONDENTS

ORDER ADOPTING REPORT AND RECOMMENDATION
On May 15, 2018, United States Magistrate Judge Jane M. Virden issued a Report and
Recommendation recommending that the respondents’ motion to dismiss1 Bildrick Jackson’s
petition for a writ of habeas corpus2 be granted, that Jackson’s petition be dismissed with prejudice,
and that a certificate of appealability be denied. Doc. #14 at 5. On May 29, 2018, Jackson
acknowledged receipt of the Report and Recommendation. Doc. #15. No objections to the Report
and Recommendation have been filed.
Under 28 U.S.C. § 636(b)(1), “[a] judge of the court shall make a de novo determination
of those portions of the report … to which objection is made.” “[W]here there is no objection, the
Court need only determine whether the report and recommendation is clearly erroneous or contrary
to law.” United States v. Alaniz, 278 F.Supp.3d 944, 948 (S.D. Tex. 2017) (citing United States v.
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989)).
The Court has reviewed the Report and Recommendation and finds that it is neither clearly
erroneous nor contrary to law. Accordingly, the Report and Recommendation [14] is ADOPTED
as the order of this Court, the respondents’ motion to dismiss [9] is GRANTED, Jackson’s petition

1

Doc. #9.

2

Doc. #1.

for a writ of habeas corpus [1] is DISMISSED with prejudice, and a certificate of appealability
is DENIED.
SO ORDERED, this 28th day of December, 2018.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

2