Parker v. State of Mississippi

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS for ( 19 in 1:14-cv-00001-LG-JCG) Report and Recommendations. Signed by Chief District Judge Louis Guirola, Jr on 2/3/17. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JOHN ALEXANDER PARKER
v.

PLAINTIFF
CAUSE NO. 1:14CV1-LG-JCG
consolidated with 1:15CV226-LG-JCG

STATE OF MISSISSIPPI
and JOHNNIE DENMARK

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
BEFORE THE COURT is the Report and Recommendation [19] entered by
United States Magistrate Judge John C. Gargiulo. Judge Gargiulo recommends
that these consolidated cases filed by John Alexander Parker should be dismissed
with prejudice for failure to exhaust state court remedies. After reviewing the
Report and Recommendation, the record in this matter, and the applicable law, the
Court finds that the Report and Recommendation should be adopted as the opinion
of this Court and this lawsuit should be dismissed with prejudice.
DISCUSSION
On January 2, 2014, Parker filed his first Petition for Writ of Habeas Corpus,
which was assigned cause number 1:14cv1-LG-JCG. On July 13, 2015, Parker filed
his second Petition for Writ of Habeas Corpus, which was assigned cause number
1:15cv226-LG-JCG. Judge Gargiulo recommends that both petitions be dismissed
with prejudice, because Parker failed to exhaust his state court remedies prior to
filing his petitions before this Court. Judge Gargiulo further found that Parker is
barred from further pursuing these matters in state court in a procedurally proper
manner. Parker has not objected to Judge Gargiulo’s Report and Recommendation.

Where no party has objected to the Magistrate Judge=s report and
recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. '
636(b)(1) (AA 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 Gargiulo’s
Report and Recommendation is neither clearly erroneous nor contrary to law.
Therefore, the Court finds that the Report and Recommendation entered by Judge
Gargiulo should be adopted as the opinion of this Court and these consolidated
cases should be dismissed with prejudice.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and
Recommendation [19] entered by United States Magistrate Judge John C. Gargiulo
is ADOPTED as the opinion of this Court. These consolidated cases are
DISMISSED WITH PREJUDICE.
SO ORDERED AND ADJUDGED this the 3rd day of February, 2017.

s/

Louis Guirola, Jr.

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

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