Opinion
NO. 4:17-CV-114-DMB-JMV
12-28-2018
BILDRICK JACKSON PETITIONER v. PELICIA HALL and ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI RESPONDENTS
ORDER ADOPTING REPORT AND RECOMMENDATION
On May 15, 2018, United States Magistrate Judge Jane M. Virden issued a Report and Recommendation recommending that the respondents' motion to dismiss Bildrick Jackson's petition for a writ of habeas corpus be granted, that Jackson's petition be dismissed with prejudice, and that a certificate of appealability be denied. Doc. #14 at 5. On May 29, 2018, Jackson acknowledged receipt of the Report and Recommendation. Doc. #15. No objections to the Report and Recommendation have been filed.
Doc. #9.
Doc. #1. --------
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 Report and Recommendation and finds that it is neither clearly erroneous nor contrary to law. Accordingly, the Report and Recommendation [14] is ADOPTED as the order of this Court, the respondents' motion to dismiss [9] is GRANTED, Jackson's petition for a writ of habeas corpus [1] is DISMISSED with prejudice, and a certificate of appealability is DENIED.
SO ORDERED, this 28th day of December, 2018.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE