-SAA Jeffries v. State of Mississippi et al, No. 1:2011cv00051 - Document 8 (N.D. Miss. 2011)

Court Description: MEMORANDUM OPINION re 7 Final Judgment. Signed by Michael P. Mills on 4/20/2011. (lpm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION BRYSHAAD RJ JEFFRIES, PETITIONER v. No. 1:11CV51-M-A STATE OF MISSISSIPPI, ET AL. RESPONDENTS MEMORANDUM OPINION This matter comes before the court on the pro se petition of Bryshaad RJ Jeffries for a writ of habeas corpus under 28 U.S.C. ยง 2254. The state has moved to dismiss the petition for failure to state a claim upon which relief could be granted. Jeffries has not responded, and the deadline for response has expired. For the reasons set forth below, the state s motion to dismiss will be granted and the instant petition dismissed without prejudice for failure to state a constitutional claim. Discussion As the state noted in its motion to dismiss, not only has Jeffries failed to state a constitutional claim, he has not stated any claim, as his petition is substantially blank. The state s motion will thus be granted. As it is not clear whether Jeffries mistakenly filed the petition before completing it or forgot to attach a memorandum setting forth his claims the court will dismiss the petition without prejudice. A final judgment consistent with this memorandum opinion shall issue today. SO ORDERED, this the 20th day of April, 2011. /s/ MICHAEL P. MILLS CHIEF JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI

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