Rush v. Sollie

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS and dismissing case without prejudice. The parties are to bear their own costs; adopting 19 Report and Recommendations, granting 14 Motion to Dismiss filed by William Sollie. A Certificate of Appealability should not issue. The applicant has failed to make a substantial showing of the denial of a constitutional right. Signed by District Judge Henry T. Wingate on 10/18/2017 (cwl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
EUGENE RODNEY RUSH
vs.

PETITIONER
CIVIL ACTION No.: 3:16-CV-971-HTW-LRA

WILLIAM SOLLIE

RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATIONS
BEFORE THIS COURT are two (2) interrelated motions: the respondent’s Motion to
Dismiss [Docket no. 14]; and the Report and Recommendation of the United States Magistrate
Judge Linda Anderson [Docket no. 19]. In her Report and Recommendation, filed on September
6, 2017, Magistrate Judge Anderson recommended that the respondent’s Motion to Dismiss
[Docket no. 14] be GRANTED and then ordered that the pro se prisoner plaintiff had fourteen
(14) days to object to the Report and Recommendation. The plaintiff has failed to do so.
Based upon arguments of counsel in the Motion to Dismiss [Docket no. 14] and the
findings and recommendation contained in the Report and Recommendation [Docket no. 19], this
court finds it well-taken. Therefore, the Report and Recommendation of the Magistrate Judge is
hereby ADOPTED as the order of this court.
Further, this order hereby DISMISSES this lawsuit WITHOUT PREJUDICE. The
parties are to bear their own costs.
A final order adverse to the applicant having been filed in the captioned habeas corpus
case, in which the detention complained of arises out of process issued by a state court or a
proceeding pursuant to 28 U.S.C. § 2241, the court, considering the record in the case and the
requirements of 28 U.S.C. § 2253, Rule 22(b) of the Federal Rules of Appellate Procedure, and

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Rule 11(a) of the Rules Governing Section 2241 Cases in the United States District Courts, hereby
finds that:
A Certificate of Appealability should not issue. The applicant has failed to make a
substantial showing of the denial of a constitutional right.
SO ORDERED AND ADJUDGED this the 18th day of October, 2017.
s/ HENRY T. WINGATE___________________
UNITED STATES DISTRICT COURT JUDGE

Order Adopting Report and Recommendation
Rush v. Sollie
3:16-cv-971-HTW-LRA

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