Perilloux v. Warden of CMCF

Filing 14

ORDER granting 11 Motion to Dismiss; adopting Report and Recommendations re 13 Report and Recommendations as the opinion of this Court. The petition for a writ of habeas corpus is dismissed with prejudice. Signed by District Judge Louis Guirola, Jr. on 12/7/20. (RLW)

Case 1:20-cv-00188-LG-MTP Document 14 Filed 12/07/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
HULEN PERILLOUX,
# 170986
v.

PETITIONER
CAUSE NO. 1:20CV188-LG-MTP

WARDEN OF CMCF

RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATION
AND GRANTING MOTION TO DISMISS
BEFORE THE COURT is the [13] Report and Recommendation entered by
United States Magistrate Judge Michael T. Parker on November 12, 2020.
Magistrate Judge Parker reviewed the Respondent’s [11] Motion to Dismiss and
determined that it should be granted. The Petitioner did not file a response to the
Respondent’s Motion to Dismiss, nor has he filed an objection to the 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) (“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.”). 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). After a review of this matter, the Court finds that Judge
Parker’s Report and Recommendation is neither clearly erroneous nor contrary to
law. The Respondent’s Motion to Dismiss is granted, and the Petitioner’s petition
for a writ of habeas corpus is dismissed with prejudice.

Case 1:20-cv-00188-LG-MTP Document 14 Filed 12/07/20 Page 2 of 2

IT IS THEREFORE ORDERED AND ADJUDGED that the [13] Report
and Recommendation of United States Magistrate Judge Michael T. Parker entered
in this cause on November 12, 2020, is hereby ADOPTED as the opinion of this
Court.
IT IS FURTHER ORDERED AND ADJUDGED that the [11] Motion to
Dismiss filed by Respondent is GRANTED. The petition for a writ of habeas corpus
is DISMISSED WITH PREJUDICE
SO ORDERED AND ADJUDGED this the 7th day of December, 2020.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE
.

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