Nelson v. Streeter

Filing 12

ORDER ADOPTING 10 Report and Recommendations, re: 9 Motion to Dismiss filed by Jessie J. Streeter. Signed by Chief District Judge Louis Guirola, Jr on 1/30/14 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
WILLIAM NELSON, III
v.

PETITIONER
CAUSE NO. 1:13CV18-LG-JMR

JESSIE J. STREETER

RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATION
AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
This cause comes before the Court on the Report and Recommendation [10] of
Chief United States Magistrate Judge John M. Roper filed in this cause on
December 31, 2013. Magistrate Judge Roper reviewed Petitioner’s Application for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 and the Respondent’s Motion
to Dismiss. Judge Roper determined that the grounds asserted in the Application
did not entitle Petitioner to relief because the petition was successive and timebarred, and therefore the Application should be denied and the petition dismissed.
The Petitioner received the Report and Recommendation on January 8, 2014, but
has not filed any objection to the Magistrate Judge’s findings or conclusions. Under
these circumstances, the Court need only review the Report and Recommendation
and determine whether it is either clearly erroneous or contrary to law. United
States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989).
After having thoroughly reviewed the Magistrate Judge’s findings of fact and
his recommendation, the Court finds them neither clearly erroneous nor contrary to
law. They will be adopted as the findings and conclusions of this Court. Petitioner’s
petition is successive, and his claims are time-barred.

IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation [10] of Chief United States Magistrate Judge John M. Roper filed
in this cause on December 31, 2013, should be, and the same hereby is, adopted as
the findings of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the Respondent’s
Motion to Dismiss [9] is GRANTED. Petitioner’s petition for habeas corpus relief
pursuant to 28 U.S.C. § 2254 is DISMISSED.
SO ORDERED AND ADJUDGED this the 30th day of January, 2014.

s/

Louis Guirola, Jr.

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