Smith v. State of Mississippi et al

Filing 15

ORDER granting 13 Motion to Dismiss; adopting 14 Report and Recommendations. The Report and Recommendation of United States Magistrate Judge F. Keith Ball is hereby adopted as the finding of this Court. Defendants' Motion to Dismiss is granted and the Petition is dismissed with prejudice. A judgment will be entered in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on February 10, 2016. (SP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
WILLIE ALBERT SMITH

PETITIONER

VS.

CIVIL ACTION NO. 3:15cv354-DPJ-FKB

STATE OF MISSISSIPPI, et al.

RESPONDENTS
ORDER OF DISMISSAL

This habeas petition filed under 28 U.S.C. § 2244 is before the Court upon the Report and
Recommendation [14] of United States Magistrate Judge F. Keith Ball, after referral for hearing
by this Court. On January 19, 2016, after considering the Petition [1] and Respondents’ Motion
to Dismiss [13], Judge Ball recommended that the Motion be granted and the Petition be
dismissed with prejudice as untimely and procedurally barred. Smith was directed to file any
objections to the Report and Recommendation within 14 days of being served with a copy. To
date, Smith has not filed any objections. The Court, now 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.
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.
Defendants’ Motion to Dismiss [13] is granted and the Petition is dismissed with prejudice.
A separate judgment will be entered as required by Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 10th day of February, 2016.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE