Latney v. Bailey et al

Filing 20

ORDER granting 13 Motion to Dismiss; adopting 19 Report and Recommendations of Magistrate Judge for the reasons set out in the order. The Report and Recommendation of United States Magistrate Judge F. Keith Ball is hereby adopted as the finding of this Court, and the entire action should be dismissed without prejudice. A judgment will be docketed in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on February 9, 2012. (SP)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
DENNIS R. LATNEY

PETITIONER

VS.

CIVIL ACTION NO. 4:10CV208-DPJ-FKB

ATTORNEY GENERAL
STATE OF MISSISSIPPI

RESPONDENT
ORDER

This cause came on this date to be heard upon the unopposed Report and
Recommendation of the United States Magistrate Judge, after referral of hearing by this Court.
Magistrate Judge Ball recommended dismissal of Latney’s petition for writ of habeas corpus for
failure to exhaust his available state-court remedies pursuant to 28 U.S.C. § 2254(b)(1). The
Court, having fully reviewed the unopposed Report and Recommendation of the United States
Magistrate Judge entered in this cause, and being duly advised in the premises, finds that said
Report and Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation of United States
Magistrate Judge F. Keith Ball be, and the same is hereby, adopted as the finding of this Court,
and the same entire action should be dismissed without prejudice.
A separate judgment will be entered herein in accordance with the Order as required by
Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED AND ADJUDGED this the 9th day of February, 2012.
s/ Daniel P. Jordan III
UNITED STATES DISTRICT JUDGE