Fields v. M.D.O.C.

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 15 Motion to Dismiss,, filed by Pelicia Hall, M.D.O.C., 17 Report and Recommendations,. Signed by Chief District Judge Daniel P. Jordan, III on 02/20/18 (KNS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
BRANDON FIELDS
v.

PETITIONER
CIVIL ACTION NO. 3:17-CV-384-DPJ-RHW

PELICIA HALL

RESPONDENT
ORDER

This § 2254 action is before the Court on Respondent’s Motion to Dismiss [15] and the

Report and Recommendation (“R&R) [17] of United States Magistrate Judge Robert H. Walker.
Petitioner Brandon Fields never responded to the Motion to Dismiss [15], but Judge Walker
found that it should be granted because Fields failed to exhaust his state-court remedies. See
R&R [17] at 3 n. 1 (“The petition bears this out, and Mississippi Supreme Court records confirm
that Fields has not given the state’s highest court an opportunity to review his claims.”).
The Court mailed Fields a copy of the R&R, but on January 17, 2018, it was returned as
undeliverable. See Mail Returned Notice [18]. Fields was notified in Judge Walker’s earlier
order that “his failure to keep this Court informed of his current address will result in the
dismissal of this case.” See June 7, 2017 Order [7] at 2. While Fields’s failure to notify the
Court of his change in address would justify dismissal, the Court nonetheless considered the
merits of Respondent’s motion and finds that Fields’s Petition should be dismissed for the
reasons Judge Walker stated in the R&R.
For the foregoing reasons, the R&R [17] is adopted as the opinion of the Court.
Respondent’s Motion to Dismiss [15] is granted, and this case is dismissed without prejudice. A
separate judgment will be entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 20th day of February, 2018.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE