Boyd v. Nash
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations, 10 Motion to Dismiss,, filed by Unknown Nash. Dismissing with Prejudice. Signed by District Judge Daniel P. Jordan, III on 5/25/17 (MGB)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
ROBERT DESHAWN BOYD
CIVIL ACTION NO. 3:16cv945-DPJ-FKB
This habeas petition is before the Court on the Report and Recommendations  of
United States Magistrate Judge F. Keith Ball, recommending dismissal. Petitioner filed this
action, pursuant to 28 U.S.C. § 2241, challenging a detainer lodged by the Kentucky Parole
Board. Respondent then moved to dismiss the petition .
Judge Ball concluded that the instant petition constitutes an abuse of writ, given that
Petitioner challenged the legality of the detainer at issue here in a habeas proceeding in federal
court in Kentucky. The Kentucky District Court dismissed that petition with prejudice, and
Petitioner “has made no showing of cause and prejudice or that a fundamental miscarriage of
justice will result if his petition is not entertained by this court.” R&R  at 4. Judge Ball
therefore recommended dismissal with prejudice here. Petitioner was given fourteen days to
object. He failed to file objections to the Report and Recommendations, and the time to do so
expired on May 15, 2017.
The Court finds that the unopposed Report and Recommendations  should be adopted
as the opinion of the Court. Respondent’s motion  is granted, and this action is dismissed
with prejudice. A separate judgment will be entered in accordance with Federal Rule of Civil
SO ORDERED AND ADJUDGED this the 25th day of May, 2017.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE
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