Reed, Jr. v. Sollie

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopted re 7 Report and Recommendations, granted re 5 Motion to Dismiss, filed by Billy Sollie Signed by District Judge Louis Guirola, Jr on 6/28/18. (Copy of order mailed to Daniel D. Reed, Jr. L.C.D.F. 2001 5th Street Meridian, MS 39301). (LAT)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
DANIEL D. REED, JR.
v.

PETITIONER
CAUSE NO. 3:17CV870-LG-LRA

BILLY SOLLIE

RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
MOTION TO DISMISS
This cause comes before the Court on the [7] Report and Recommendation of
United States Magistrate Judge Linda R. Anderson, entered in this cause on April
30, 2018. The respondent in this habeas corpus action filed a motion to dismiss on
the grounds that the petitioner may not have pending criminal charges against him
dismissed by means of federal habeas corpus. Alternatively, the respondent argued
that the petitioner had failed to exhaust his state court remedies to the extent that
he had made a speedy trial claim; because he did not first make a speedy trial claim
in the Lauderdale County Circuit Court, the state courts could not and did not
consider them on the merits. Thus, the claims in this federal habeas petition had
not been fairly presented to the state courts. The petitioner did not file an objection
to Magistrate Judge Anderson’s determination that dismissal of the habeas corpus
petition was appropriate on the basis that it prematurely and impermissibly seeks
to raise constitutional claims through federal habeas corpus provisions. Therefore,
the Court need only review the Report and Recommendation to determine whether
it is either clearly erroneous or contrary to law. United States v. Wilson, 864 F.2d
1219, 1221 (5th Cir. 1989).

After having reviewed the Report and Recommendation, the record in this
case, and the relevant law, the Court finds the Magistrate Judge’s conclusions
neither clearly erroneous nor contrary to law. The Court will grant the respondent’s
Motion to Dismiss and dismiss the petitioner’s habeas corpus petition with
prejudice.
IT IS THEREFORE ORDERED AND ADJUDGED that the [7] Report
and Recommendation of United States Magistrate Judge Linda R. Anderson
entered in this cause on April 30, 2018, should be, and the same hereby is, adopted
as the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the respondent’s [5]
Motion to Dismiss is GRANTED. The petitioner’s habeas corpus petition brought
pursuant to 28 U.S.C. § 2241 is DISMISSED with prejudice.
SO ORDERED AND ADJUDGED this the 28th day of June, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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