Porter v. Errington

S.D. Mississippi

Porter v. Errington

District Court, S.D. Mississippi·Decided April 9, 2020·No. 1:19-cv-00434·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

KEITH LA’DALE PORTER PETITIONER

v. CAUSE NO. 1:19CV434-LG-JCG

JOE ERRINGTON, Superintendent of South Mississippi Correctional Institution RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING RESPONDENT’S MOTION TO DISMISS

BEFORE THE COURT is the [14] Report and Recommendation entered by United States Magistrate Judge John C. Gargiulo on March 9, 2020. Judge Gargiulo recommends that the [10] Motion to Dismiss filed by the respondent, Joe Errington, should be granted because the petitioner’s claims are procedurally barred. The petitioner has not filed an objection to the Report and Recommendation and the time for filing an objection has expired. Where no party has objected to the Magistrate Judge’s report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”) In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having conducted the required review, the Court finds that Judge Gargiulo’s Report and Recommendation is neither clearly erroneous nor contrary to law. The respondent’s Motion to Dismiss is granted, and the petitioner’s petition for a writ of habeas corpus is dismissed with prejudice. IT IS, THEREFORE, ORDERED AND ADJUDGED the [14] Report and

Recommendation entered by United States Magistrate Judge John C. Gargiulo is ADOPTED as the opinion of the Court. IT IS, FURTHER, ORDERED AND ADJUDGED that the [10] Motion to Dismiss filed by the respondent is GRANTED. The petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. SO ORDERED AND ADJUDGED this the 9th day of April, 2020. Louis Guirola, Jr. s/ LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

KEITH LA’DALE PORTER PETITIONER

v. CAUSE NO. 1:19CV434-LG-JCG

JOE ERRINGTON, Superintendent of South Mississippi Correctional Institution RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING RESPONDENT’S MOTION TO DISMISS

BEFORE THE COURT is the [14] Report and Recommendation entered by United States Magistrate Judge John C. Gargiulo on March 9, 2020. Judge Gargiulo recommends that the [10] Motion to Dismiss filed by the respondent, Joe Errington, should be granted because the petitioner’s claims are procedurally barred. The petitioner has not filed an objection to the Report and Recommendation and the time for filing an objection has expired. Where no party has objected to the Magistrate Judge’s report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”) In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass’n, 79 F.3d 1415, 1420 (5th Cir. 1996). Having conducted the required review, the Court finds that Judge Gargiulo’s Report and Recommendation is neither clearly erroneous nor contrary to law. The respondent’s Motion to Dismiss is granted, and the petitioner’s petition for a writ of habeas corpus is dismissed with prejudice. IT IS, THEREFORE, ORDERED AND ADJUDGED the [14] Report and

Recommendation entered by United States Magistrate Judge John C. Gargiulo is ADOPTED as the opinion of the Court. IT IS, FURTHER, ORDERED AND ADJUDGED that the [10] Motion to Dismiss filed by the respondent is GRANTED. The petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. SO ORDERED AND ADJUDGED this the 9th day of April, 2020. Louis Guirola, Jr. s/ LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE

Porter v. Errington, (S.D. Miss. 2020).

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