Byers v. Turner

Filing 22

JUDGMENT: Ordered that the 14 Report and Recommendation entered by United States Magistrate Judge Michael T. Parker is rejected to the extent that it addressed the unexhausted portions of Ground Three of the petition, which were subsequently removed from the petition at Byers request. The 14 Report and Recommendation is adopted as the opinion of this Court in all other respects. The petition is dismissed with prejudice. Signed by Chief District Judge Louis Guirola, Jr. on 9/16/17. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DANIEL WAYNE BYERS

PETITIONER

v.

CAUSE NO. 1:15CV395-LG-MTP

MARSHALL TURNER, Warden

RESPONDENT
JUDGMENT

This matter having come on to be heard on the Report and Recommendation
[14] entered by United States Magistrate Judge Michael T. Parker, the Court, after
a full review and consideration for the Report and Recommendation, the pleadings
on file, and the relevant legal authority, finds that in accord with the Order entered
herewith,
IT IS ORDERED AND ADJUDGED that the Report and Recommendation
[14] entered by United States Magistrate Judge Michael T. Parker is REJECTED
to the extent that it addressed the unexhausted portions of Ground Three of the
petition, which were subsequently removed from the petition at Byers’ request. The
Report and Recommendation [14] is ADOPTED as the opinion of this Court in all
other respects. The petition is DISMISSED WITH PREJUDICE.
SO ORDERED AND ADJUDGED this the 16th day of September, 2017.
s/

Louis Guirola, Jr.

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