Myrick v. Blackmon

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations and DISMISSING CASE WITH PREJUDICE. A Certificate of Appealability should not issue. The applicant has failed to make a substantial showing of the denial of a constitutional right. Signed by District Judge Henry T. Wingate on 10/28/2017 (Copy mailed to plaintiff.) (cwl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
WILLIE BENJAMIN MYRICK, JR.
vs.

PETITIONER
CIVIL ACTION No.: 3:15-CV-31-HTW-LRA

WARDEN B. E. BLACKMON

RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATIONS
BEFORE THIS COURT is the Report and Recommendation of the United States
Magistrate Judge Linda Anderson [Docket no. 11]. In her Report and Recommendation, filed on
September 6, 2017, Magistrate Judge Anderson recommended that the petitioner’s Petition for
Writ of Habeas Corpus [Docket no. 1] be DENIED and then directed the pro se prisoner petitioner
to file any objections within fourteen (14) days. The petitioner has failed to do so.
Based upon the findings and recommendation contained in the Report and
Recommendation [Docket no. 11], this court finds it well-taken. Therefore, the Report and
Recommendation of the Magistrate Judge is hereby ADOPTED as the order of this court.
Further, this order hereby DISMISSES this lawsuit WITH PREJUDICE. The parties are
to bear their own costs.
A final order adverse to the petitioner having been filed in the captioned habeas corpus
case, in which the detention complained of arises out of process issued by a state court or a
proceeding pursuant to 28 U.S.C. § 2241, the court, considering the record in the case and the
requirements of 28 U.S.C. § 2253, Rule 22(b) of the Federal Rules of Appellate Procedure, and
Rule 11(a) of the Rules Governing Section 2241 Cases in the United States District Courts, hereby
finds that:

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A Certificate of Appealability should not issue. The applicant has failed to make a
substantial showing of the denial of a constitutional right.
SO ORDERED AND ADJUDGED this the 28th day of October, 2017.
s/ HENRY T. WINGATE___________________
UNITED STATES DISTRICT COURT JUDGE

Order Adopting Report and Recommendation
Myrick v. Blackmon
3:15-cv-31-HTW-LRA

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