Weeks v. State of Mississippi et al

Filing 28

ORDER finding as moot 8 Motion to Dismiss; adopting 22 Report and Recommendations; finding as moot 26 Motion for Certificate of Appealability. Signed by District Judge Carlton W. Reeves on 3/8/2016. (EJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
RUBIN R. WEEKS
V.

PETITIONER
CAUSE NO. 3:15-CV-283-CWR-FKB

STATE OF MISSISSIPPI and
MISSISSIPPI DEPARTMENT OF
CORRECTIONS

RESPONDENTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on Petitioner’s Objection to the Report and
Recommendation of United States Magistrate Judge F. Keith Ball entered on January 15, 2016.
Docket No. 25. The Magistrate Judge’s Report and Recommendation recommends dismissing
the petition due to a lack of jurisdiction and denying the respondents’ motion to dismiss as
moot.1 Docket No. 22. Having considered said Report and Recommendation, the Petitioner’s
objections, applicable statutory and case law, and being otherwise fully advised, the Court
concludes that Petitioner’s objection is without merit and hereby adopts, as its own opinion, the
Report and Recommendation of the Magistrate Judge.
The Petitioner filed two previous petitions challenging the same detainer that is the
subject of the instant action. See Case No. 3:95-cv-523-TSL-AGN and Case No. 3:99-cv-734TSL-AGN. The first petition was dismissed for failure to exhaust administrative remedies. See
Docket No. 22, at 2. The second petition was dismissed because it was untimely filed. Id.
Without an order from the Fifth Circuit authorizing this Court to consider the petition, this Court
is without jurisdiction to hear petitioner’s claim. See 28 U.S.C. § 2244(b)(3)(A).

1

On the same date petitioner filed his objection to the Report and Recommendation, he also filed a Motion for
Certificate of Appealability, Docket No. 26. Based on this Court’s Order Adopting the Report and Recommendation,
that motion will also be dismissed as moot.

Based on the foregoing, it is ordered that the Report and Recommendation of the
Magistrate Judge is adopted as the finding of this Court.
This matter shall be dismissed with prejudice and a Final Judgment will be entered on
this day in accordance with this Order.
SO ORDERED, this the 8th day of March, 2016.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

2