Opinion
CIVIL ACTION No.: 3:15-CV-31-HTW-LRA
10-28-2017
WILLIE BENJAMIN MYRICK, JR. PETITIONER v. WARDEN B. E. BLACKMON RESPONDENT
ORDER ADOPTING REPORT AND RECOMMENDATIONS
BEFORE THIS COURT is the Report and Recommendation of the United States Magistrate Judge Linda Anderson [Docket no. 11]. In her Report and Recommendation, filed on September 6, 2017, Magistrate Judge Anderson recommended that the petitioner's Petition for Writ of Habeas Corpus [Docket no. 1] be DENIED and then directed the pro se prisoner petitioner to file any objections within fourteen (14) days. The petitioner has failed to do so.
Based upon the findings and recommendation contained in the Report and Recommendation [Docket no. 11], this court finds it well-taken. Therefore, the Report and Recommendation of the Magistrate Judge is hereby ADOPTED as the order of this court.
Further, this order hereby DISMISSES this lawsuit WITH PREJUDICE. The parties are to bear their own costs.
A final order adverse to the petitioner having been filed in the captioned habeas corpus case, in which the detention complained of arises out of process issued by a state court or a proceeding pursuant to 28 U.S.C. § 2241, the court, considering the record in the case and the requirements of 28 U.S.C. § 2253, Rule 22(b) of the Federal Rules of Appellate Procedure, and Rule 11(a) of the Rules Governing Section 2241 Cases in the United States District Courts, hereby finds that:
A Certificate of Appealability should not issue. The applicant has failed to make a substantial showing of the denial of a constitutional right.
SO ORDERED AND ADJUDGED this the 28th day of October, 2017.
s/ HENRY T. WINGATE
UNITED STATES DISTRICT COURT JUDGE