Plummer v. Mississippi Dept. of Corrections et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Granting 10 Motion to Dismiss; adopting 15 Report and Recommendations; denying COA. Separate judgment to issue dismissing this action with prejudice. Signed by District Judge Tom S. Lee on 1/9/12 (LWE)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
JOHNNY LAROND PLUMMER
CIVIL ACTION NO. 4:11CV6TSL-MTP
MISSISSIPPI DEPARTMENT OF CORRECTIONS,
STATE OF MISSISSIPPI AND K. REAGANS
This cause is before the court on the objections of
petitioner Johnny Larond Plummer to the magistrate judge’s report
and recommendation entered on December 16, 2011.
petitioner’s submission, the court now concludes that petitioner’s
objection is without merit and hereby adopts, as its own opinion,
the magistrate judge’s report and recommendation.
Based on the foregoing, it is ordered that the report and
recommendation of United States Magistrate Michael T. Parker
entered on or about December 16, 2011, be, and the same is hereby,
adopted as the finding of this court.
It is further ordered that a certificate of appealability
should not issue.
Petitioner has failed to show 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 [this] court was correct in
its procedural ruling."
Slack v. McDaniel, 529 U.S. 473, 484, 120
S. Ct. 1595, 146 L. Ed. 2d 542 (2000).
A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 9th day of January, 2012.
/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE
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