Greer v. Yazoo City - Low

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 Report and Recommendations. Accordingly, this case is dismissed. A separate Final Judgment will issue. Signed by District Judge Carlton W. Reeves on 1/26/2023 (PG)

Case 3:20-cv-00188-CWR-FKB Document 22 Filed 01/26/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JOHN FELIX GREER

Plaintiff,

v.
WARDEN YAZOO CITY - LOW

CAUSE NO. 3:20-CV-188-CWR-FKB

Defendant.

ORDER

This matter is before the Court pursuant to the Report and Recommendation of
the United States Magistrate Judge, which was entered on December 1, 2022. Docket No.
18. The Report and Recommendation notified the parties that failure to file written
objections to the findings and recommendations contained therein within 14 days after
service would bar further appeal in accordance with 28 U.S.C. § 636. Id.
On December 19, 2022, Plaintiff filed a Motion for Extension of Time to File a Response
as to the Report and Recommendation. Docket No. 19. The Court granted Plaintiff’s
motion and set a deadline for January 9, 2023. Plaintiff filed his objection to the Report
and Recommendation on January 23, 2023. Docket No. 21.
Despite its untimeliness, the Court accepts Plaintiff’s objection to the Report and
Recommendation. The (third) Motion for Out of Time Extension to File Response [Docket No.
20], is granted. On review, though, Plaintiff reasserts several claims inconsistent with
Fifth Circuit case law. For example, Plaintiff maintains that he need not contend that he

Case 3:20-cv-00188-CWR-FKB Document 22 Filed 01/26/23 Page 2 of 2

lacked knowledge of his felon status under §2255(e)’s saving clause, a contention which
was thoroughly explained as unpersuasive by the Magistrate Judge.
Finding that Plaintiff’s claims fail on the merits, this Court hereby adopts said
Report and Recommendation as the Order of this Court. Accordingly, this case is
dismissed. A separate Final Judgment will issue.
SO ORDERED, this the 26th day of January, 2023.
s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

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