Green v. Doe

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Motion to Dismiss, filed by Billy Sollie, 14 Report and Recommendations. Signed by District Judge William H. Barbour, Jr on 03/06/18 (KNS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
MARQUEZ GREEN

PETITIONER

VS.

CIVIL ACTION NO. 3:17-cv-484-WHB-LRA

WILLIAM D. SOLLIE

RESPONDENT
OPINION AND ORDER

This

cause

is

before

the

Court

on

the

Report

and

Recommendation (“R and R”) of United States Magistrate Judge Linda
R. Anderson.

After considering the R and R1, the other pleadings

in this case, as well as relevant authorities, the Court finds the
R and R should be adopted in its entirety.

I.

Discussion

In 2016, Marquez Green (“Green”) was charged with one count of
murder, and two counts of possession of stolen property under
Mississippi law.

In 2017, during the time Green was being held as

a pretrial detainee at the Lauderdale County Detention Facility in
Meridian, Mississippi (“LCDF”), he filed a petition seeking habeas
corpus relief under 28 U.S.C. § 2241. William D. Sollie, Warden at
LCDF, moved to dismiss Green’s Petition on the grounds that Green
had not exhausted his administrative remedies.
The matter came before United States Magistrate Judge Linda R.
1

The parties were required to file objections to the R and
R on or before February 13, 2018. No objections were filed.

Anderson who entered a R and R recommending that Green’s Petition
be dismissed because (1) Green had not exhausted his administrative
remedies and (2) the Court could not grant the relief requested by
Green, that is the dismissal of all charges pending against him,
under 28 U.S.C. § 2241.

See R and R [Docket No. 14].

The Court has reviewed the R and R, to which no objections
were filed, as well as the Docket and other pleadings in this case.
After review, the Court agrees that Green’s Petition should be
dismissed for the reasons stated by Judge Anderson.

Accordingly,

the Court will adopt Judge Anderson’s R and R recommending the
dismissal of Green’s Petition for habeas corpus relief.
For the foregoing reasons:
IT IS THEREFORE ORDERED that the January 30, 2018, Report and
Recommendation of United States Magistrate Judge Linda R. Anderson
[Docket No. 14], is hereby adopted as the ruling of this Court.
IT IS FURTHER ORDERED that the Motion of Respondent to Dismiss
[Docket No. 13] is hereby granted.
A Final Judgment dismissing this case shall be entered this
day.
SO ORDERED this the 6th day of March, 2018.

s/ William H. Barbour, Jr.
UNITED STATES DISTRICT JUDGE

2