Johnson v. State of Mississippi, No. 4:2008cv00067 - Document 13 (N.D. Miss. 2008)
Court Description: FINAL JUDGMENT in accordance with the Memorandum Opinion granting 9 Motion to Dismiss; granting 7 and 8 Motions to Amend; dismissing 4 Motion for Writ of Mandamus. CASE CLOSED. Signed by W. Allen Pepper on 11/20/2008. (pbs, USDC)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION ALEX DURODE JOHNSON, PETITIONER v. No. 4:08CV67-P-S STATE OF MISSISSIPPI, ET AL. RESPONDENTS FINAL JUDGMENT In accordance with the memorandum opinion issued today in this cause, the state s motion to dismiss is hereby GRANTED. 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). In addition, the court considered all of the proposed amendments that the petitioner set forth in his motions [7], [8] to amend his petition. As such, these motions are hereby GRANTED. Finally, the petitioner moved [4] for a writ of mandamus, seeking an order from this court directing the Mississippi Supreme Court to take action on a document filed with that court. As this court has no jurisdiction to direct the Mississippi Supreme Court to act, the petitioner s motion [4] for a writ of mandamus is hereby DISMISSED. SO ORDERED, this the 20th day of November, 2008. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE
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