Whatley v. Lee

Filing 20

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS, dismissing this case with prejudice. A certificate of appealability should not issue for the reasons set forth herein. A separate judgment will be entered. Signed by District Judge Tom S. Lee on 12/4/15 (*copy mailed to Wallace W. Whatley # 39566, MSP, Unit 30-C, A-Zone, Bed #88, Parchman, MS 38738) (LWE)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
WALLACE W. WHATLEY
VS.

PETITIONER
CIVIL ACTION NO. 3:14CV21TSL-JCG

ERNEST LEE

RESPONDENT
ORDER

This cause came on this date to be heard upon the report and
recommendation of United States Magistrate Judge John C. Gargiulo,
and the court, having fully reviewed the report and
recommendation entered in this cause on November 4, 2015, 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 John C. Gargiulo entered on
November 4, 2015, be, and the same is hereby adopted as the
finding of this court, and the petition for writ of habeas corpus
is hereby dismissed with prejudice.
It is further ordered that a certificate of appealability
should 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 4th day of December, 2015.

/s/Tom S. Lee
UNITED STATES DISTRICT JUDGE

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