Ceasear v. State of Mississippi
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
ALVIN BELL CEASEAR, #136863
Superintendent of SMCI
§ Civil Action NO. 1:10cv521-LG-RHW
ORDER ADOPTING PROPOSED FINDINGS OF FACT AND
BEFORE THE COURT is the Proposed Findings of Fact and Recommendations
 entered by United States Magistrate Judge Robert H. Walker. Judge Walker
recommends that the Motion to Dismiss  filed by Ron King be granted, and that the
Motion for Stay  filed by Alvin Bell Ceasear be denied. Judge Walker determined
that Ceasear’s petition is time-barred, and Ceasear failed to exhaust his administrative
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
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  entered by United States Magistrate
Judge Robert H. Walker, be, and the same hereby is, ADOPTED as the finding of this
IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Dismiss
 filed by Ron King is GRANTED, while the Motion for Stay  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.
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE
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