Whetstone v. MDOC Parole Board et al, No. 1:2015cv00139 - Document 14 (N.D. Miss. 2016)
Court Description: FINAL JUDGMENT in favor of MDOC Parole Board and Attorney General of the State of Mississippi against Nevin Kerr Whetstone. CASE CLOSED. Signed by District Judge Sharion Aycock on 6/14/16. (rel)
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Whetstone v. MDOC Parole Board et al Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION NEVIN KERR WHETSTONE PETITIONER v. No. 1:15CV139-SA-JMV MDOC PAROLE BOARD, ET AL. RESPONDENTS FINAL JUDGMENT In accordance with the memorandum opinion issued today in this cause, the State’s motion to dismiss the instant petition for a writ of habeas corpus is GRANTED, and the petition is DISMISSED with prejudice and without evidentiary hearing as untimely filed under 28 U.S.C. § 2244(d). In addition, the petitioner’s allegation regarding denial of adequate medical treatment is DISMISSED because it does not constitute a valid federal habeas corpus claim; however, the dismissal is without prejudice to the petitioner’s ability to raise the allegation in a separate suit filed under 42 U.S.C. § 1983. SO ORDERED, this, the 14th day of June, 2016. /s/ Sharion Aycock_____________ U.S. DISTRICT JUDGE Dockets.Justia.com
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