Malone v. MDOC

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations. Ordered that the Petition for Writ of Habeas Corpus is dismissed. Signed by Chief District Judge Louis Guirola, Jr. on 5/31/11. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DIVISION OF MISSISSIPPI
SOUTHERN DISTRICT

DORIS WAYNE MALONE
V.
MDOC

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PETITIONER
CAUSE NO. 1:09cv333-LG-RHW
RESPONDENT

ORDER ADOPTING PROPOSED
FINDINGS OF FACT AND RECOMMENDATION
This cause comes before the Court on the Proposed Findings of Fact and
Recommendation [15] of United States Magistrate Judge Robert H. Walker, entered
in this cause on May 11, 2011, in which he recommends dismissing the Petition for
Writ of Habeas Corpus [1] for failure to exhaust State remedies. Petitioner Doris
Wayne Malone has not filed objections to the Magistrate Judge’s recommendations.
The Court finds that the Magistrate Judge properly recommended that the
Petition be dismissed for failure to exhaust State remedies. After referral of hearing
by this Court, no objections having been filed as to the Proposed Findings of Fact and
Recommendation, and the Court, having fully reviewed the same as well as the record
in this matter, and being duly advised in the premises, finds that said Proposed
Findings of Fact and Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Proposed
Findings of Fact and Recommendation [15] of United States Magistrate Judge Robert
H. Walker, entered on May 11, 2011, be, and the same is hereby, adopted as the
findings of this Court.

IT IS FURTHER ORDERED AND ADJUDGED that the [1] Petition for Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2254 is DISMISSED. A separate judgment
will be entered in accordance with this Order as required by Fed. R. Civ. P. 58.
SO ORDERED AND ADJUDGED this the 31st day of May, 2011.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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