Blake v. Cain

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI

GREENVILLE DIVISION

CHARLES E. BLAKE PETITIONER V. NO. 4:20-CV-103-DMB-RP COMMISSIONER BURL CAIN RESPONDENT

ORDER ADOPTING REPORT AND RECOMMENDATION

On February 2, 2021, United States Magistrate Judge Roy Percy issued a Report and Recommendation (“R&R”) recommending that the respondent’s motion to dismiss1 Charles E. Blake’s petition for a writ of habeas corpus2 be granted, that the petition be dismissed with prejudice as untimely filed, and that no certificate of appealability be issued. Doc. #17 at 6. No objections to the R&R were filed within the allowed time period.3 Under 28 U.S.C. § 636(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, 278 F. Supp. 3d 944, 948 (S.D. Tex. 2017) (citing United States v. Wilson, 864 F.2d 1219, 1221 (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 [17] is ADOPTED as the order of this Court; the motion to dismiss [10] is GRANTED; Blake’s petition for a writ of habeas corpus [1] is Doc. #10.

2 Doc. #1.

3 Blake requested and was granted two extensions of time to file objections to the R&R. Docs. #20, #23. DISMISSED with prejudice; and a certificate of appealability is DENIED. A final judgment will be issued separately.

SO ORDERED, this 20th day of April, 2021. /s/Debra M. Brown

UNITED STATES DISTRICT JUDGE