Payton v. King et al

Filing 20

ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS for 13 Motion for Summary Judgment, filed by Glenn Payton, Jr. Petitioner's Petition for Writ of Habeas Corpus 1 is dismissed with prejudice and his Motion for Summary Judgment 13 is denied. Signed by District Judge Keith Starrett on 7/9/12 (scp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
HATTIESBURG DIVISION
GLENN PAYTON, JR.,

PETITIONER

v.

CIVIL ACTION NO.: 2:10cv250-KS-MTP

RONALD KING and JIM HOOD

RESPONDENTS
ORDER

This matter is before the Court on the pro se Petition for Writ of Habeas Corpus of Glenn
Payton, Jr. pursuant to 28 U.S.C. § 2254 [1] and the Petitioner’s Motion for Summary Judgment
[13]. The Court, considering same and also considering the Respondent’s Answer to the
Complaint [9], the Response in Opposition to the Answer to the Complaint [11], the Report and
Recommendation filed on June 13, 2012 by United States Magistrate Judge Michael T. Parker
[19], and the failure of any party to file an objection to the Magistrate Judge’s Report and
recommendation, hereby approves the Report and Recommendation of the United States
Magistrate Judge, finding it an accurate statement of the facts and correct analysis of the law, and
adopts it as the Court’s opinion in this matter.

IT IS THEREFORE ORDERED the Report and Recommendation of Magistrate Judge
Michael T. Parker entered on June 13, 2012, should be, and hereby is, adopted in whole as the
finding of this Court. Accordingly, for the reasons set forth in the Magistrate Judge’s Report and
Recommendation, it is

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ORDERED that Glenn Payton, Jr.’s Petition for Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 [1] be, and hereby is, DISMISSED WITH PREJUDICE; and the Petitioner’s
Motion for Summary Judgment [13] be, and hereby is, DENIED.

SO ORDERED AND ADJUDGED on this, the 9th day of July, 2012.

S/ Keith Starrett
UNITED STATES DISTRICT JUDGE

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