Huggins v. State of Mississippi

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS, 12 Report and Recommendation. Accordingly, it is ordered that respondents 11 motion to dismiss is granted and the petition is dismissed with prejudice. It is further ordered that a certificate of appealability is denied. Signed by District Judge Tom S. Lee on 4/4/2017 (Copy mailed to plaintiff)(cwl)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
RODRICUS HUGGINS
VS.

PETITIONER
CIVIL ACTION NO. 3:16CV637TSL-RHW

STATE OF MISSISSIPPI

RESPONDENT
ORDER

This cause is before the court on the report and
recommendation of Magistrate Judge Robert H. Walker entered on
March 23, 2017, recommending that respondent’s motion to dismiss
Huggins’ § 2241 petition be granted and that the petition be
dismissed with prejudice.

Petitioner Rodricus Huggins has advised

that he has no objection to the report and recommendation.

Having

reviewed the report and recommendation, the court concludes that
report and recommendation is well taken and hereby adopts, as its
own opinion, the magistrate judge’s report and recommendation.
Based on the foregoing, it is ordered that the report
and recommendation of United States Magistrate Robert H. Walker
entered on March 23, 2017, be, and the same is hereby, adopted as
the finding of this court.

Accordingly, it is ordered that

respondent’s motion to dismiss is granted and the petition is
dismissed with prejudice.
It is further ordered that a certificate of appealability is
denied.

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 4th day of April, 2017.

/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE

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