Pritchard v. Lauderdale County et al

Filing 17

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS that 11 Motion to Dismiss, filed by Billy Sollie be granted, and that this action be dismissed with prejudice. A Certificate of Appealability is Denied for the reasons set forth herein. A separate judgment will be entered. Signed by District Judge Tom S. Lee on 2/1/16 (copy mailed to Lyndell Marcell Pritchard, Lauderdale County Detention Facility, 2001 5th Street Meridian, MS 39307) (LWE)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
LYNDELL MARCELL PRITCHARD
VS.

PETITIONER
CIVIL ACTION NO. 3:15CV357TSL-RHW

SHERIFF BILLY SOLLIE

RESPONDENT
ORDER

This cause came on this date to be heard upon the report and
recommendation of United States Magistrate Judge Robert H. Walker,
and the court, having fully reviewed the report and
recommendation entered in this cause on December 11, 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 Robert H. Walker entered on
December 11, 2015, be, and the same is hereby adopted as the
finding of this court, and the petition for writ of habeas corpus1
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]

1

As observed by the magistrate judge, Pritchard’s filing
is properly construed as a motion brought pursuant to 28 U.S.C. §
2241, and not § 2254.

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 14th day of February, 2016.

/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE

2