Versell v. Mississippi Department of Corrections

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS: granting 19 Motion to Dismiss filed by Mississippi Department of Corrections, Timothy Outlaw. Certificate of Appealability Denied/Should not issue. The 1 writ of habeas corpus is hereby dismissed with prejudice. A separate judgment will be entered as set out herein. Signed by District Judge Tom S. Lee on 7/28/15 (copy mailed to plaintiff at #51464, 2014 Pleasant Avenue, Jackson, MS 39213) (LWE)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
BENJAMIN VERSELL

PETITIONER

VS.

CIVIL ACTION NO. 3:14CV300TSL-JCG

WARDEN TIMOTHY OUTLAW

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 June 17, 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 June
17, 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 28th day of July, 2015.

/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE

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