Gilpatrick v. Winkle
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Report and Recommendations and hereby dismisses this action without prejudice. Signed by District Judge Henry T. Wingate on 1/31/14 (TRS)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
CIVIL ACTION NO. 3:13-CV-259-HTW-LRA
WARDEN EYDIE WINKLE
This matter is before the court pursuant to the Report and Recommendation
[docket no. 15] of United States Magistrate Judge Linda Anderson and the written
objection to the proposed findings and recommendation.
On December 23, 2013, Magistrate Judge Linda Anderson entered an order
[docket no. 15] recommending the denial of Wayne Gilpatrick’s (“Gilpatrick”) petition for
federal habeas corpus relief.
Pursuant to Rule 72(a)(3) of the Local Uniform Civil Rules of the United States
District Courts for the Northern District of Mississippi and the Southern District of
Mississippi, Judge Anderson granted petitioner fourteen (14) days to file a written
On January 3, 2014, Gilpatrick filed a motion [docket no. 16] requesting an
additional thirty (30) days to reply to Judge Anderson’s order. In his motion, Gilpatrick
asserted that pursuant to the Mississippi Department of Corrections (“MDOC”)
procedure, he can only “receive ten (10) items per week from the law library” [docket no.
16] and therefore needed more time to research his response to Judge Anderson’s
Report and Recommendation.
On January 22, 2014, petitioner submitted his objection [docket no. 17] to Judge
Anderson’s Report and Recommendation. In his objection, petitioner argues that §
2254 petitions that do not challenge a petitioner’s original sentence or conviction are not
subject to the Antiterrorism and Effective Death Penalty Act’s state law exhaustion
requirement. As stated in Judge Anderson’s Report and Recommendation, petitioner is
Based on the arguments contained within Judge Anderson’s Report and
Recommendation, this court, having given full consideration to aforesaid objection, finds
the same not well taken. Therefore, the Report and Recommendation of the United
States Magistrate Judge is hereby adopted as the order of this court.
Gilpatrick’s petition is hereby dismissed without prejudice.
SO ORDERED AND ADJUDGED, this, the 31st of January, 2014.
s/ HENRY T. WINGATE
UNITED STATES DISTRICT COURT JUDGE
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