Sumrell v. State of Mississippi et al, No. 4:2008cv00068 - Document 18 (N.D. Miss. 2009)

Court Description: FINAL JUDGMENT in accordance with the Memorandum Opinion granting 17 Motion to Alter Judgment. Withdrawing in part 14 Final Judgment and 15 Memorandum Opinion. Signed by W. Allen Pepper on 5/08/2009. (pbs, USDC)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION MARK D WAYNE SUMRELL PETITIONER V. NO. 4:08CV068-P-S STATE OF MISSISSIPPI, et al. RESPONDENTS FINAL JUDGMENT In accordance with the memorandum opinion issued this day, 1. the April 9, 2009, memorandum opinion and final judgment (docket entries 14 and 15) are WITHDRAWN IN PART; 2. the April 9, 2009, opinion and final judgment are WITHDRAWN to the extent that habeas relief was granted; 3. the court is barred from reviewing Petitioner s due process claim; 4. Petitioner has failed to overcome the procedural bar; 5. this matter is CLOSED. IT IS SO ORDERED. THIS the 8th day of May, 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE

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