Myers v. David

Full title: EDWARD MYERS PETITIONER v. WARDEN UNKNOWN DAVID RESPONDENT

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

Date published: Jun 29, 2012

Civil Action No. 3:11-cv-464 HTW-LRA (S.D. Miss. Jun. 29, 2012)

Opinion

Civil Action No. 3:11-cv-464 HTW-LRA

06-29-2012

EDWARD MYERS PETITIONER v. WARDEN UNKNOWN DAVID RESPONDENT

HENRY T. WINGATE

ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the court 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 the same not well taken. Therefore, the Report and Recommendation is hereby adopted as the order of this court.¹

1 This court adopts the Report and Recommendation with the exception of the factual finding that the petitioner filed his petition with this court "[b]etween the time of the appellate court's dismissal [on August 4, 2011] and the Madison County court's decision [on August 12, 2011] granting in forma pauperis [status]." Report and Recommendation, p.2. Prior to either of those events, on July 28, 2011, Myers filed his petition with this court.

HENRY T. WINGATE

UNITED STATES DISTRICT JUDGE