Brooks v. Winchester

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 . The Report and Recommendation of United States Magistrate Judge Michael T. Parker is hereby adopted as the finding of this Court, and Respondent Sam Winchester's Motion 5 to Dismiss is granted and Petitioner's Petition 1 for a Writ of Habeas Corpus under 28 U.S.C. § 2254 is dismissed with prejudice. Signed by Honorable David C. Bramlette, III on July 14, 2014. (lda)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
LEE ALEXANDER BROOKS, #37279
vs.

PETITIONER
CIVIL ACTION NO. 5:13-cv-190-DCB-MTP

SAM WINCHESTER

RESPONDENT
ORDER

This cause came on this date to be heard upon the Report and
Recommendation [docket entry 12] of the United States Magistrate
Judge, after referral of hearing by this Court, and there being
no objections thereto, and the Court, having fully reviewed the
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 Michael T. Parker be, and the
same is hereby, adopted as the finding of this Court, and that
Respondent Sam Winchester’s Motion [5] to Dismiss is GRANTED and
Petitioner Lee Alexander Brooks’ Petition [1] for a Writ of
Habeas Corpus under 28 U.S.C. § 2254 is DISMISSED with prejudice.
A separate judgment will be entered herein in accordance
with this Order as required by Rule 58 of the Federal Rules of
Civil Procedure.
SO ORDERED, this the 14th

day of July, 2014.

s/David Bramlette
UNITED STATES DISTRICT JUDGE