Olds v. Withers

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court adopts United States Magistrate Judge F. Keith Ball's 13 Report and Recommendation it as its opinion. This case is dismissed. Signed by Chief District Judge Daniel P. Jordan, III on 8/2/2023 (VM)

Case 3:20-cv-00387-DPJ-FKB Document 14 Filed 08/02/23 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
JOHNNY LEE OLDS, #07094-017
V.

PETITIONER
CIVIL ACTION NO. 3:20-CV-387-DPJ-FKB

SHANNON D. WITHERS, WARDEN

RESPONDENT
ORDER

On July 17, 2023, United States Magistrate Judge F. Keith Ball entered a Report and
Recommendation [13] recommending this 28 U.S.C. § 2241 habeas petition be dismissed for
want of jurisdiction. Olds, who is represented by counsel, did not file an objection to the R&R,
and the time to do so has now passed. Finding no clear error in Judge Ball’s R&R, the Court
adopts it as its opinion. See Fed. R. Civ. P. 72(b) advisory committee’s note (“When no timely
objection is filed, the court need only satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.”). This case is dismissed. A separate final
judgment will be entered in accordance with Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED this the 2nd day of August, 2023.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE