Owens v. State of Mississippi et al

Filing 18

ORDER: granting 13 Motion to Dismiss, adopting Report and Recommendations re 14 Report and Recommendations., granting 16 Motion for Leave to Proceed in forma pauperis. Signed by Judge Dan M. Russell Jr. on 03/22/2006. (Dedeaux, Melissa)

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Owens v. State of Mississippi et al Doc. 18 Case 1:04-cv-00898-DMR-JMR Document 18 Filed 03/23/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION MICHAEL OWENS, #R5927 VERSUS WARDEN EARNEST LEE and JIM HOOD PETITIONER CIVIL ACTION NO. 1:04cv898DMR-JMR RESPONDENTS ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION TO PROCEED IN FORMA PAUPERIS BEFORE THE COURT is the Report and Recommendation of the U. S. Magistrate Judge entered on January 23, 2006 [Doc. No. 14], recommending that the Motion of the Respondents to Dismiss Pursuant to the one-year limitations period of 28 U.S.C. 2244(d) [Doc. No. 13] be granted and the above-captioned action be dismissed. After careful consideration of the record, the Objection filed by the Petitioner [Doc. No. 15], and the applicable case law, this Court is of the opinion that said Report and Recommendation will be adopted as it is neither clearly erroneous nor contrary to law as set forth in Rule 72 of the Federal Rules of Civil Procedure. IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and Recommendation of the U. S. Magistrate Judge entered in this cause on January 23, 2006 [Doc. No. 14], recommending that the Motion of the Respondents to Dismiss Pursuant to the one-year limitations period of 28 U.S.C. 2244(d) [Doc. No. 13] be granted, be and is hereby ADOPTED as the finding of this Court; as such, the Motion of the Respondents to Dismiss Pursuant to 2244(d) [Doc. No. 14] shall be and is hereby GRANTED WITH PREJUDICE. IT IS FURTHER ORDERED AND ADJUDGED that the Motion of the Petitioner to proceed in forma pauperis before this Court be and is hereby GRANTED [Doc. No. 16]. Dockets.Justia.com Case 1:04-cv-00898-DMR-JMR Document 18 Filed 03/23/2006 Page 2 of 2 IT IS FURTHER ORDERED AND ADJUDGED that a Final Judgment shall be entered in this cause. SO ORDERED AND ADJUDGED this the 22nd day of March, 2006. /S/ DAN M. RUSSELL, JR. UNITED STATES DISTRICT JUDGE

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