Hoard v. Vance
ORDER ADOPTING REPORT AND RECOMMENDATIONS, 9 Report and Recommendations, it is ordered that the petition is dismissed. Accordingly, a COA shall not issue in this case. A separate judgment will be entered. Signed by District Judge Tom S. Lee on 1/11/2022 (cwl)
Case 3:21-cv-00363-TSL-MTP Document 10 Filed 01/11/22 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
DERRICK DOREAZ HOARD
CIVIL ACTION NO. 3:21CV363TSL-MTP
LEE D. VANCE
This cause is before the court on the report and
recommendation of Magistrate Judge Michael T. Parker entered on
December 9, 2021, recommending that Hoard’s § 2241 petition be
Petitioner Derrick Doreaz Hoard has failed to respond and
the time for doing so has expired.
Having reviewed the report
and recommendation, the court concludes that the report and
recommendation is well taken and hereby adopts, as its own
opinion, the magistrate judge’s report and recommendation.
Therefore, it is ordered that the report and recommendation of
United States Magistrate Judge Michael T. Parker entered on
December 9, 2021, be, and the same is hereby, adopted as the
finding of this court.
petition is dismissed.
Accordingly, it is ordered that the
Case 3:21-cv-00363-TSL-MTP Document 10 Filed 01/11/22 Page 2 of 2
Further, to obtain a certificate of appealability (COA),
Hoard must make “a substantial showing of the denial of a
28 U.S.C. § 2253(c)(2); see Miller-El v.
Cockrell, 537 U.S. 322, 336 (2003).
He may satisfy “this
standard by demonstrating that jurists of reason could disagree
with the district court's resolution of his constitutional
claims or that jurists could conclude the issues presented are
adequate to deserve encouragement to proceed further.”
El, 537 U.S. at 327.
When the court denies relief on procedural
grounds, “a COA should issue when the prisoner shows, at least,
that jurists of reason would find it debatable whether the
petition states a valid claim of the denial of a constitutional
right and that jurists of reason would find it debatable whether
the district court was correct in its procedural ruling.”
v. McDaniel, 529 U.S. 473, 484 (2000).
Hoard has not satisfied
Accordingly, a COA shall not issue in this case.
A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 11th day of January, 2022.
_/s/ Tom S. Lee____________
UNITED STATES DISTRICT JUDGE
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