McDonald v. Epps

Filing 9

ORDER adopting Report and Recommendations 8 dismissing case without prejudice. A separate Judgment shall be entered as required by Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Keith Starrett on October 15, 2014 (dsl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
RONNIE MCDONALD
VS.

CIVIL ACTION NO. 1:14cv116-KS-MTP

CHRISTOPHER B. EPPS

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause came on this date to be heard upon the Report and Recommendation
[8] of the United States Magistrate Judge entered herein on September 26, 2014, after
referral of hearing by this Court, no objections having been filed as to the Report and
Recommendation, and the Court, having fully reviewed the same as well as the record
in this matter, and being duly advised in the premises, finds that said Report and
Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation be, and
the same hereby is, adopted as the finding of this Court, and Respondent's Motion to
Dismiss [5] is granted, and that Petitioner's Application for Writ of Habeas Corpus is
denied. The claims that accrued before November 15, 2012, should be dismissed
with prejudice because they are time barred. The claims that accrued from November
15, 2012, through January 2013, should be dismissed without prejudice because of
Petitioner's failure to exhaust. A separate Judgment will be entered herein as required
by Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED, this the 15th day of October, 2014.
s/Keith Starrett
UNITED STATES DISTRICT JUDGE