Glidden v. Sparkman

Full title: GARY ALLEN GLIDDEN, #145432 PETITIONER v. E.L. SPARKMAN, ET AL. RESPONDENTS

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

Date published: Feb 6, 2014

CAUSE NO. 1:12CV62-LG-JMR (S.D. Miss. Feb. 6, 2014)

Opinion

CAUSE NO. 1:12CV62-LG-JMR

02-06-2014

GARY ALLEN GLIDDEN, #145432 PETITIONER v. E.L. SPARKMAN, ET AL. RESPONDENTS

LOUIS GUIROLA

ORDER ADOPTING REPORT AND RECOMMENDATION

AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS

This cause comes before the Court on the Report and Recommendation [22] of Chief United States Magistrate Judge John M. Roper filed in this cause on January 3, 2014. Magistrate Judge Roper reviewed Petitioner's Application for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 and determined that the grounds asserted in the Application did not entitle Petitioner to relief. Specifically, Glidden did not show that the adjudication of his claims in state court resulted in a decision contrary to Federal law nor that it resulted in a decision based on an unreasonable determination of the facts. In addition, the Magistrate Judge found that Glidden failed to establish that he received ineffective assistance of counsel. Magistrate Judge Roper recommended that the Application be denied and the petition dismissed.

The Clerk of Court mailed the Report and Recommendation to Glidden at his last known address¹ by certified mail, but it was recently returned as undeliverable. (ECF No. 23). Glidden has not objected to the findings or conclusions of the Magistrate Judge. The Court has reviewed the Report and Recommendation and determined it is neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). They will be adopted as the findings and conclusions of this Court. Petitioner's Application will be denied and the petition dismissed.

1 Glidden's last known address is a residential address in Biloxi, Mississippi. He does not appear in the Mississippi Department of Corrections online inmate search database as of this date. He is apparently no longer in state custody.

IT IS THEREFORE ORDERED AND ADJUDGED that the Report and Recommendation [22] of Chief United States Magistrate Judge John M. Roper filed in this cause on January 3, 2014, should be, and the same hereby is, adopted as the findings of this Court.

IT IS FURTHER ORDERED AND ADJUDGED that Petitioner's petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 is DISMISSED.

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LOUIS GUIROLA, JR.

CHIEF U.S. DISTRICT JUDGE