Ussery v. Mosley

Filing 13

ORDER adopting 12 Report and Recommendations. The Report and Recommendation of United States Magistrate Judge F. Keith Ball is hereby adopted as the finding of this Court, and the entire action should be dismissed with prejudice. A judgment will be entered in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on September 11, 2015. (SP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
DERRICK USSERY

PETITIONER

V.

CIVIL ACTION NO. 3:14cv605 DPJ-FKB

WARDEN MOSLEY

RESPONDENT
ORDER

This cause came on this date to be heard upon the Report and Recommendation of the
United States Magistrate Judge, after referral of hearing by this Court. Magistrate Judge F. Keith
Ball recommended denial of Ussery’s petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241. The Court, having fully reviewed the unopposed Report and Recommendation of the
United States Magistrate Judge entered in this cause, and being duly advised in the premises,
finds that said Report and Recommendation should be adopted as the opinion of this Court.
Petitioner is challenging a disciplinary proceeding in which he was found guilty of
refusing to give a urine sample in violation of disciplinary code 110, as well as his resulting loss
of good-time credit. On August 11, 2015, Judge Ball issued a recommendation that relief be
denied and the petition be dismissed. Petitioner was directed to file written objections to the
recommendation within fourteen days. This deadline has now past, and, to date, Petitioner has
not filed any objections with the Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States
Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court,
and the same entire action should be dismissed with prejudice.

A separate judgment will be entered herein in accordance with the Order as required by
Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED AND ADJUDGED this the 11th day of September, 2015.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE

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