Owens v. State of Mississippi
Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations. Owen's Petition is hereby dismissed with prejudice. Signed by Chief District Judge Louis Guirola, Jr. on 12/20/2011 (wld)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
LEROY CHARLES OWENS
v.
PLAINTIFF
CAUSE NO. 1:10CV505-LG-RHW
KEN BRODAUS
DEFENDANT
ORDER ADOPTING PROPOSED FINDINGS
OF FACT AND RECOMMENDATION
BEFORE THE COURT is the Proposed Findings of Fact and
Recommendation [11] entered by United States Magistrate Judge Robert H. Walker
on November 18, 2011. Judge Walker recommends that the Petition for Writ of
Habeas Corpus filed by Leroy Charles Owens should be dismissed with prejudice for
failure to exhaust state remedies.
Owens was advised that he must file any objections to Judge Walker’s
recommendations within fourteen days of being served with a copy of the Proposed
Findings of Fact and Recommendation, but he has not filed an objection.
Where no party has objected to the Magistrate Judge’s proposed findings of
fact and recommendations, 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
Proposed Findings of Fact and Recommendation is neither clearly erroneous nor
contrary to law. Therefore, the Court finds that the Proposed Findings of Fact and
Recommendation entered by Judge Walker should be adopted as the opinion of this
Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Proposed
Findings of Fact and Recommendation [11] entered by United States Magistrate
Judge Robert H. Walker on November 18, 2011, be, and the same hereby is,
ADOPTED as the finding of this Court. Owens’ Petition is hereby DISMISSED
WITH PREJUDICE.
SO ORDERED AND ADJUDGED this the 20th day of December, 2011.
s/
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE
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