Magee v. Banks, No. 1:2008cv00112 - Document 12 (S.D. Miss. 2010)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations. Ordered that the Petition for Writ of Habeas Corpus is denied. Signed by District Judge Halil S. Ozerden on 10/26/10. (JCH)
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Magee v. Banks Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JAMIESON YUL MAGEE, #T-6593 VERSUS PETITIONER CIVIL ACTION NO. 1:08-cv-112-HSO-JMR UNKNOWN BANKS, WARDEN RESPONDENT MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PETITION FOR WRIT OF HABEAS CORPUS, AND DISMISSING ACTION WITH PREJUDICE This matter is before the Court on the Report and Recommendation [10] of Chief Magistrate Judge John M. Roper, entered in this cause on March 22, 2010. Judge Roper recommended that Petitioner Jamieson Yul Magee’s Petition [1] for Writ of Habeas Corpus be denied. See Report and Recommendation, at p. 10. A copy of the Report and Recommendation was mailed to Petitioner at his last known address by certified mail, return receipt requested, on March 22, 2010. See March 22, 2010, Docket Entry. The letter containing the Report and Recommendation was received on March 24, 2010. See Acknowledgment of Receipt [11]. Petitioner has not filed any objection to the Magistrate Judge’s Report and Recommendation to date. The Court finds that the Magistrate Judge properly recommended that the Petition be dismissed. After referral of hearing by this Court, no objections having been filed as to the Report and Recommendation, and the Court, having fully reviewed the same as well as the record and relevant law in this matter, and being duly advised in the premises, finds that the Report and Recommendation should be adopted in its entirety as the opinion of this Court. Dockets.Justia.com IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Report and Recommendation [10] of Chief Magistrate Judge John M. Roper, entered on March 22, 2010, should be, and hereby is, adopted in its entirety as the finding of this Court. IT IS, FURTHER, ORDERED AND ADJUDGED that, the [1] Petition for Writ of Habeas Corpus filed by Petitioner Jamieson Yul Magee pursuant to 28 U.S.C. § 2254 should be and hereby is DENIED. IT IS, FURTHER, ORDERED AND ADJUDGED that, this action is hereby DISMISSED WITH PREJUDICE. A separate judgment will be entered herein in accordance with this Order as required by Federal Rule of Civil Procedure 58. SO ORDERED AND ADJUDGED, this the 26th day of October, 2010. s/ Halil Suleyman Ozerden HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE -2-
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