Perryman v. Streeter

Filing 10

ORDER granting 8 Motion to Dismiss; adopting 9 Report and Recommendations of United States Magistrate Judge F. Keith Ball. The Report and Recommendation of United States Magistrate Judge F. Keith Ball is hereby adopted as the finding of this Court, and the entire action should be dismissed with prejudice. A judgment will be entered in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on August 11, 2011. (SP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
VICTOR PERRYMAN

PETITIONER

V.

CIVIL ACTION NO. 3:11CV154 DPJ-FKB

WARDEN JESSE JAMES STREETER

RESPONDENT
ORDER

This cause came on this date to be heard upon the Report and Recommendation of the
United States Magistrate Judge, after referral of hearing by this Court. Magistrate Judge F. Keith
Ball recommended dismissal of Perryman’s petition for writ of habeas corpus as untimely
pursuant to 28 U.S.C. § 2244(d). The Court, having fully reviewed the unopposed Report and
Recommendation of the United States Magistrate Judge entered in this cause, 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 of United States
Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court,
and the same entire action should be dismissed with prejudice.
A separate judgment will be entered herein in accordance with the Order as required by
Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED AND ADJUDGED this the 11th day of August, 2011.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE