IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

JOHN BROWN PETITIONER

V. NO. 4:19-CV-176-DMB-RP

STATE OF MISSISSIPPI RESPONDENT

ORDER

On March 27, 2020, United States Magistrate Judge Roy Percy issued a Report and Recommendation (“R&R”) recommending that the State of Mississippi’s motion to dismiss John Brown’s petition for a writ of habeas corpus be granted and that the petition be dismissed without prejudice for failure to exhaust state court remedies. Doc. #14 at 4. The R&R further recommends that a certificate of appealability be denied. Id. Neither party has filed objections to the R&R. Under 28 U.S.C § 636(b)(1)(C), “[a] judge of the court shall make a de novo determination of those portions of the report … to which objection is made.” “[W]here there is no objection, the Court need only determine whether the report and recommendation is clearly erroneous or contrary to law.” United States v. Alaniz,

(S.D. Tex. 2017) (citing United States v. Wilson,

(5th Cir. 1989)). The Court has reviewed the R&R and concluded that the recommendations are neither clearly erroneous nor contrary to law. Accordingly, the R&R [14] is ADOPTED as the order of the Court. The State’s motion to dismiss [12] is GRANTED. Brown’s petition for a writ of habeas corpus [1] is DISMISSED without prejudice for failure to exhaust. A certificate of appealability is DENIED. A final judgment will issue separately. SO ORDERED, this 5th day of June, 2020. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE