Gardner v. Panola County, Mississipppi et al, No. 3:2023cv00051 - Document 11 (N.D. Miss. 2023)
Court Description: FINAL JUDGMENT granting 8 Motion to Dismiss; dismissing petition; CASE CLOSED. Signed by Senior Judge Michael P. Mills on 6/1/23. (jla)
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Gardner v. Panola County, Mississipppi et al Doc. 11 Case: 3:23-cv-00051-MPM-JMV Doc #: 11 Filed: 06/01/23 1 of 1 PageID #: 259 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION JAMES M. GARDNER PETITIONER v. No. 3:23CV51-MPM-JMV PANOLA COUNTY, MISSISSIPPI TATE COUNTY, MISSISSIPPI MISSISSIPPI DEPT OF CORRECTIONS RESPONDENT FINAL JUDGMENT In accordance with the memorandum opinion issued today in this cause, the motion by the State to dismiss the instant petition for a writ of habeas corpus is GRANTED, and petition is DISMISSED. The petitioner’s claims challenging his original plea and sentences are DISMISSED with prejudice as time-barred under 28 U.S.C. § 2244(d) and, alternatively, as procedurally defaulted. The petitioner’s claims challenging the revocation of his PRS are DISMISSED with prejudice for want of substantive merit. The petitioner’s claims regarding the conditions of his confinement are DISMISSED without prejudice for failure to state a valid habeas corpus claim. The petitioner’s request for an evidentiary hearing is DENIED. SO ORDERED, this, the 1st day of June, 2023. /s/ Michael P. Mills UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF MISSISSIPPI Dockets.Justia.com
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