Kennedy v. State of Mississippi

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS, 15 Report and Recommendations, and the petition for writ of habeas corpus is hereby dismissed with prejudice, granting 11 Motion to Dismiss, denying 12 Motion for Miscellaneous, and Relief filed by Soloman S. Kennedy, filed by State of Mississippi, Marshall Fisher. It is further ordered that a certificate of appealability should not issue. A separate judgment will be entered. Signed by District Judge Tom S. Lee on 6/13/2016 (cwl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
SOLOMAN S. KENNEDY

PETITIONER

VS.

CIVIL ACTION NO. 3:15CV861TSL-RHW

MARSHALL FISHER

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 May 16, 2016, 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 May
16, 2016, be, and the same is hereby adopted as the finding of
this court, and the petition for writ of habeas corpus 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]
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 13th day of June, 2016.

/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE

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