Fields v. Johnson

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION

DARREN FIELDS PETITIONER

V. CIVIL ACTION NO. 3:19-CV-551-DPJ-FKB

ANDERSON JOHNSON RESPONDENT

ORDER

This action pursuant to 28 U.S.C. §2254 is before the Court on the Report and Recommendation [8] of Magistrate Judge F. Keith Ball. Petitioner Darren Fields contends he is entitled to parole pursuant to Mississippi Code § 97-3-2 because he has served over 50% of his sentence. Judge Ball recommended granting Respondent’s motion to dismiss [6], noting that because Mississippi’s parole statute is discretionary, there is no constitutional right to parole. R&R [8] at 1 (citing Scales v. Miss. State Parole Bd., 831 F.2d 565, 566 (5th Cir. 1987)); see id. at 1–2 (noting Fields had not alleged a denial of parole because of his race or some other improper motive). Alternatively, Judge Ball noted that even if the petition had advanced a cognizable habeas claim, Fields failed to exhaust his state court remedies as required by 28 U.S.C. §2254(b)(1). Id. at 2. Fields did not file an objection to the R&R, and the time to do so has passed. The Court finds the Report and Recommendation [8] should be adopted as the opinion of the Court; the petition is dismissed with prejudice. A separate judgment will be entered in accordance with Federal Rule of Civil Procedure 58. SO ORDERED AND ADJUDGED this the 24th day of February, 2020.

s/ Daniel P. Jordan III CHIEF UNITED STATES DISTRICT JUDGE