Branch v. State

Full title: SYLVESTER LEE BRANCH PETITIONER v. STATE OF MISSISSIPPI RESPONDENT

Court: United States District Court, S.D. Mississippi, Jackson Division

Date published: Apr 14, 2011

Civil Action No. 3:10-cv-255 HTW-LRA (S.D. Miss. Apr. 14, 2011)

Opinion

Civil Action No. 3:10-cv-255 HTW-LRA.

April 14, 2011

ORDER ADOPTING REPORT AND RECOMMENDATION

HENRY WINGATE, District Judge

This matter comes on pursuant to the Report and Recommendation of United States Magistrate Judge Linda R. Anderson and the written objection to the proposed findings and recommendation. Based upon the evidence therein contained, this court, having given full consideration to the aforesaid objection, finds that the motion of the respondent to dismiss the Petition for Writ of Habeas Corpus filed by petitioner should be denied. Therefore, the Report and Recommendation of the United States Magistrate Judge is hereby adopted as the order of this court.

Respondent's motion to dismiss [docket # 7] is denied without prejudice, and petitioner is given the opportunity to amend his Petition for Writ of Habeas Corpus.

SO ORDERED.