Moore v. Kelly

Full title: DAVID MOORE, Plaintiff, v. LAWRENCE KELLY, ET AL., ET AL. Defendants

Court: United States District Court, N.D. Mississippi, Eastern Division

Date published: Apr 11, 2006

No. 1:05CV104-D-D (N.D. Miss. Apr. 11, 2006)

Opinion

No. 1:05CV104-D-D.

April 11, 2006

ORDER ADOPTING REPORT AND RECOMMENDATION

GLEN DAVIDSON, Chief Judge

Upon consideration of the file and records in this action, the court finds that the Report and Recommendation of the United States Magistrate Judge dated December 7, 2005, was on that date duly served by mail upon the pro se plaintiff at his last known address; that more than ten days have elapsed since service of the Report and Recommendation; and that no objection to the Report and Recommendation has been filed or served by any party. The court is of the opinion that the magistrate judge's Report and Recommendation should be approved and adopted as the opinion of the court. It is, therefore ORDERED:

1. That the Report and Recommendation of the United States Magistrate Judge dated December 7, 2005, is hereby approved and adopted as the opinion of the court.

2. That the instant petition for a writ of habeas corpus is hereby DISMISSED with prejudice and without evidentiary hearing as untimely filed under 28 U.S.C. § 2244.

3. That this case is CLOSED.