Ceasear v. State of Mississippi

Filing 11

ORDER denying 3 Motion to Stay Case; granting 9 Motion to Dismiss; adopting Report and Recommendations re 10 Report and Recommendations. Signed by Chief District Judge Louis Guirola, Jr on 8/5/11. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
ALVIN BELL CEASEAR, #136863
v.
RON KING,
Superintendent of SMCI

§
PETITIONER
§
§ Civil Action NO. 1:10cv521-LG-RHW
§
§
§
RESPONDENT

ORDER ADOPTING PROPOSED FINDINGS OF FACT AND
RECOMMENDATIONS
BEFORE THE COURT is the Proposed Findings of Fact and Recommendations
[10] entered by United States Magistrate Judge Robert H. Walker. Judge Walker
recommends that the Motion to Dismiss [9] filed by Ron King be granted, and that the
Motion for Stay [3] filed by Alvin Bell Ceasear be denied. Judge Walker determined
that Ceasear’s petition is time-barred, and Ceasear failed to exhaust his administrative
remedies.
Ceasear 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 Recommendations. The Court record reveals that Ceasear has
not filed an objection to the Proposed Findings of Fact 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
Proposed Findings of Fact and Recommendations is neither clearly erroneous nor
contrary to law. Therefore, the Court finds that the Proposed Findings of Fact 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 Proposed
Findings of Fact and Recommendations [10] 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 Ron King is GRANTED, while the Motion for Stay [3] filed by Ceasear is
DENIED. The petition for writ of habeas corpus filed by Ceasear is DISMISSED.
SO ORDERED AND ADJUDGED this the 5th day of August, 2011.

s/

Louis Guirola, Jr.

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

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