McCollins v. Kelly et al, No. 2:2008cv00090 - Document 9 (N.D. Miss. 2009)
Court Description: FINAL JUDGMENT in accordance with the Memorandum Opinion dismissing Plaintiff's writ of habeas corpus. CASE CLOSED. Signed by W. Allen Pepper on 3/04/2009. (pbs, USDC)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI DELTA DIVISION ANTONIO MAURICE PRICE MCCOLLINS, PETITIONER v. No. 2:08CV90-P-A LAWRENCE KELLY, ET AL. RESPONDENTS FINAL JUDGMENT In accordance with the memorandum opinion issued today in this cause, that the instant petition for a writ of habeas corpus is hereby DISMISSED with prejudice and without evidentiary hearing as untimely filed under 28 U.S.C. ยง 2244(d). As the court decided this case based upon timeliness, rather than exhaustion, the petitioner s motion to stay the case to permit him to exhaust state remedies is DENIED. SO ORDERED, this the 4th day of March, 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE
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