Hopkins v. Kaho

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations, granting 6 Motion to Dismiss filed by Clifton Kaho, Petitioner Gregory Hopkins' Petition 1 for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 is Denied, and this action is Dismissed with prejudice. Signed by District Judge Halil S. Ozerden on 6/12/2017 (wld)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
GREGORY S. HOPKINS
v.
CLIFTON KAHO, WARDEN

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PLAINTIFF
CIVIL NO.: 1:16cv359-HSO-FKB
DEFENDANT

ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION [11], GRANTING DEFENDANT’S MOTION TO
DISMISS [6], AND DISMISSING PLAINTIFF’S PETITON [1]
BEFORE THE COURT is the Report and Recommendation [11] of United
States Magistrate Judge F. Keith Ball, entered in this case on May 18, 2017,
recommending that the Court deny Petitioner Gregory Hopkins’ (“Petitioner” or
“Hopkins”) Petition [1] for Writ of Habeas Corpus pursuant to 28 U.S.C. §2254 and
dismiss this civil action. R. & R. [11] at 1. Also before the Court is the
Respondent’s Motion to Dismiss [6] Hopkins’ Petition [1] based on the statute of
limitations set forth in 28 U.S.C. § 2244(d). After reviewing the findings in the
Report and Recommendation [11], the record, relevant legal authority, and the
positions advanced in the Motion to Dismiss [6], the Court concludes that Hopkins’
Petition [1] was untimely filed. The Court finds that the Report and
Recommendation [11] should be adopted in its entirety as the finding of the Court,
that Petitioner’s request for habeas relief pursuant to 28 U.S.C. § 2254 should be
denied, and that the Petition [1] should be dismissed with prejudice.
To date, no objection to the Report and Recommendation [11] has been filed
by Petitioner. Where no party has objected to a magistrate judge’s proposed

findings of fact and recommendation, a court need only review the proposed findings
of fact and recommendation and determine whether they are either clearly
erroneous or contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.
1989); see also 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.”).
Based on the record before this Court, and having conducted the required
review, the Court is of the opinion that the recommendation of the Magistrate
Judge is neither clearly erroneous nor contrary to law. The Court finds that the
Magistrate Judge properly recommended that Petitioner’s claims be dismissed. The
Court further finds that the Report and Recommendation [11] of United States
Magistrate Judge F. Keith Ball entered on May 18, 2017, should be adopted as the
finding of this Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and
Recommendations [11] of Magistrate Judge F. Keith Ball is ADOPTED in its
entirety as the finding of the Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that the Motion to
Dismiss [6] filed by Respondent Clifton Kaho is GRANTED.
IT IS, FURTHER, ORDERED AND ADJUDGED that Petitioner Gregory
Hopkins’ Petition [1] for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 is
DENIED, and this action is DISMISSED WITH PREJUDICE. A separate
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judgment will be entered in accordance with this Order as required by Federal Rule
of Civil Procedure 58.
SO ORDERED AND ADJUDGED, this the 12th day of June, 2017.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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