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

ELBERT DAVIS PETITIONER

V. NO. 4:19-CV-161-DMB-RP

RONALD KING, et al. RESPONDENTS

ORDER ADOPTING REPORT AND RECOMMENDATION On February 19, 2020, United States Magistrate Judge Roy Percy issued a Report and Recommendation (“R&R”) recommending that the State’s motion to dismiss1 Elbert Davis’ petition for a writ of habeas corpus2 be granted, that Davis’ petition be dismissed as untimely filed, and that a certificate of appealability be denied. Doc. #12 at 6. On February 28, 2020, Davis acknowledged receipt of the R&R. Doc. #13. No objections to the R&R were filed.3 Under

(b)(1), “[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 finds that it is neither clearly erroneous nor contrary to law. Accordingly, the Report & Recommendation [12] is ADOPTED as the order of this Court, the State’s motion to dismiss [10] is GRANTED, Davis’ petition for a writ of habeas corpus [2]

1 Doc. #10. 2 Doc. #2. 3 On or about March 12, 2020, Davis filed a second petition. Doc. #14. The second petition includes additional pages and expands on Davis’ ineffective assistance of counsel argument. However, it fails to address the R&R’s finding that the original petition was untimely filed. Judge Percy construed the filing as a motion to amend the original petition and denied the motion on June 8, 2020. Doc. #16. is DISMISSED with prejudice, and a certificate of appealability is DENIED. A final judgment will be issued accordingly. SO ORDERED, this 7th day of July, 2020. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE