Reavis v. 15th Jurisdiction Circuit Court for the Mississippi Circuit Court

Filing 18

ORDER adopting 17 Report and Recommendations ; granting 9 Defendants' Motion to Dismiss; finding as moot 13 Motion for Summary Judgment; finding as moot 16 Motion to Withdraw. Signed by Chief District Judge Louis Guirola, Jr on 5/25/2011. (avm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
WARREN C. REAVIS, III
v.
STEVEN RADER and JIM HOOD

§
§
§
§
§

PETITIONER
Civil Action No. 1:10cv310-LG-RHW
RESPONDENTS

ORDER ADOPTING REPORT AND RECOMMENDATIONS
BEFORE THE COURT is the Report and Recommendations [17] entered by
United States Magistrate Judge Robert H. Walker. Judge Walker recommends that
the Motion to Dismiss [9] filed by Steven Rader and Jim Hood be granted, and that the
Motion for Summary Judgment [13] filed by Rader and Hood and the Motion to
Withdraw Petition [16] filed by Warren C. Reavis, III, are moot. Judge Walker further
recommends that the petition for writ of habeas corpus filed by Reavis be dismissed.
Reavis was advised that he must file any objections to Judge Walker’s
recommendations within fourteen days of being served with a copy of the Report and
Recommendations. The Court record reveals that Reavis has not filed an objection to
the Report and Recommendations.
Where no party has objected to the Magistrate Judge’s proposed findings of fact
and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C.
§ 636(b)(1) (“A judge of the court shall make a de novo determination of those portions
of the report or specified proposed findings and recommendations to which objection
is made.”). In such cases, the Court need only satisfy itself that there is no clear error
on the face of the record. Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415, 1420 (5th

Cir. 1996).
Having conducted the required review, the Court finds that Judge Walker’s
Report and Recommendations is neither clearly erroneous nor contrary to law.
Therefore, the Court finds that the Report and Recommendations entered by United
States Magistrate Judge Robert H. Walker should be adopted as the opinion of this
Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and
Recommendations [17] entered by United States Magistrate Judge Robert H. Walker,
be, and the same hereby is, ADOPTED as the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Dismiss
[9] filed by Steven Rader and Jim Hood is GRANTED, while the Motion for Summary
Judgment [13] filed by Rader and Hood and the Motion to Withdraw Petition [16] filed
by Warren C. Reavis, III, are MOOT. The petition for writ of habeas corpus filed by
Reavis is DISMISSED.
SO ORDERED AND ADJUDGED this the 25th day of May, 2011.

s/

Louis Guirola, Jr.

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