Sanford v. Huffman
Sanford v. Huffman
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION
WALTER SANFORD PETITIONER
v. CAUSE NO. 1:22CV240-LG-RPM
BLAND HUFFMAN, Supt. SMCI RESPONDENT
ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING RESPONDENT’S MOTION TO DISMISS
BEFORE THE COURT is the [13] Report and Recommendation entered by United States Magistrate Judge Robert P. Myers, Jr., who recommends that the [11] Motion to Dismiss filed by Respondent should be granted because Petitioner Walter Sanford’s claims are untimely. The Court granted Sanford’s request for additional time to object to the Report and Recommendation, but he did not file an objection and the time for doing so has expired. Where no party has objected to the Magistrate Judge’s report and recommendation, the Court need not conduct a de novo review of it. See
28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made.”). In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass’n,
79 F.3d 1415, 1420(5th Cir. 1996). Having conducted the required review, the Court finds that Judge Myers’ Report and Recommendation is neither clearly erroneous nor contrary to law. Respondent’s Motion to Dismiss is granted, and Sanford’s Petition for a Writ of Habeas Corpus is dismissed with prejudice. IT IS, THEREFORE, ORDERED AND ADJUDGED that the [13] Report
and Recommendation entered by United States Magistrate Judge Robert P. Myers, Jr., is ADOPTED as the opinion of the Court. IT IS, FURTHER, ORDERED AND ADJUDGED that the [11] Motion to Dismiss filed by Respondent is GRANTED. The [1] Petition for Writ of Habeas Corpus is DISMISSED WITH PREJUDICE. SO ORDERED AND ADJUDGED this the 10th day of August, 2023. Louis Guirola, Jr. s/ LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE
Reference
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