Brown v. STATE OF MISSISSIPPI

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations, and for petitioner's failure to state a claim. Any pending motions should be dismissed as moot. Signed by District Judge Henry T. Wingate on 8/30/13 (TRS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

ALVIN LIONEL BROWN, JR.

PLAINTIFF

VERSUS

CIVIL ACTION NO. 3:12cv859-HTW-LRA

TYRONE LEWIS, SHERIFF OF
HINDS COUNTY, MISSISSIPPI, and the
STATE OF MISSISSIPPI

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the court pursuant to the Report and Recommendation of
United States Magistrate Judge Linda Anderson which clearly notified the respective
parties in the above-styled and numbered cause that failure to file written objections to
the findings and recommendations contained therein within fourteen (14) days from the
date of filing would bar further appeal in accordance with Title 28 U.S.C. § 636, and this
court, finding that there has been no submission of written objections by any party,
hereby adopts said Report and Recommendation as the order of this court.
Accordingly, this court hereby dismisses the petitioner’s petition for his failure to
state a claim upon which habeas relief may be granted, pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure, or in the alternative, for failure to exhaust available
state remedies. Any pending motions should be dismissed as moot.
SO ORDERED, this the 30th day of August, 2013.

s/ HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE