Blunt v. STATE OF MISSISSIPPI

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 66 Report and Recommendations. Dismissing with Prejudice. Certificate of Appealability shall not issue. (Copy mailed to Plaintiff) Signed by District Judge Tom S. Lee on 5/31/18 (MGB)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
CHARLIE BLUNT

PETITIONER

VS.

CIVIL ACTION NO. 3:13CV575TSL-JCG

HUBERT DAVIS, WARDEN; AND
RON KING, SUPERINTENDENT

RESPONDENTS

ORDER
This cause is before the objections of petitioner Charlie
Blunt to the report and recommendation entered by Magistrate Judge
John C. Gargiulo on April 24, 2018, recommending that Blunt’s
§ 2254 petition be dismissed with prejudice.

Having reviewed the

objections, the court concludes that they should be overruled and
that the report and recommendation should be adopted as the
opinion of the court.
IT IS, THEREFORE, ORDERED that the report and recommendation
of United States Magistrate Judge John C. Gargiulo entered on
April 24, 2018, be, and the same is hereby adopted as the finding
of this court.

Accordingly, it is ordered that the petition for

writ of habeas corpus is hereby dismissed with prejudice.
Furthermore, the court concludes that a certificate of
appealability shall not issue.

Petitioner has failed to

demonstrate that “jurists of reason would find it debatable
whether the petition states a valid claim of the denial of a
constitutional right” and that "jurists of reason would find it

debatable whether [this] court was correct in its procedural
ruling."

Slack v. McDaniel, 529 U.S. 473, 484, 120 S. Ct. 1595,

146 L. Ed. 2d 542 (2000).
A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 31st of May, 2018.

/s/Tom S. Lee
UNITED STATES DISTRICT JUDGE

2