Ealey v. Epps, No. 5:2008cv00256 - Document 17 (S.D. Miss. 2009)

Court Description: FINAL JUDGMENT dismissing petition with prejudice. Signed by Honorable David C. Bramlette, III on 7/22/09 (PKM)

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Ealey v. Epps Doc. 17 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION KEVIN WAYNE EALEY, #L5161 VS. PLAINTIFF CIVIL ACTION NO. 5:08-cv-256-DCB-MTP CHRISTOPHER EPPS, et al. DEFENDANTS FINAL JUDGMENT This cause is before the Court on Magistrate Judge Michael T. Parker’s Report and Recommendation [docket entry 13], wherein Judge Parker recommends that Kevin Wayne Ealey’s petition [docket entry no. 1], brought pursuant to 28 U.S.C. § 2254, be dismissed with prejudice as untimely. The Court has adopted in full said Report and Recommendation over the Objection of the plaintiff following a de novo review of those portions of the Report and Recommendation to which the plaintiff objected. Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that Kevin Wayne Ealey’s petition [docket entry no. 1], brought pursuant to 28 U.S.C. § 2254, is DISMISSED WITH PREJUDICE. SO ORDERED AND ADJUDGED, this the 22nd day of July 2009. s/ David Bramlette UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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