O'Connell v. Brewer

Full title: JAMES EDWARD O'CONNELL PETITIONER, v. DWAIN BREWER RESPONDENT

Court: United States District Court, S.D. Mississippi, Southern Division

Date published: Feb 4, 2009

CIVIL ACTION NO. 1:08CV312-LG-RHW (S.D. Miss. Feb. 4, 2009)

Opinion

CIVIL ACTION NO. 1:08CV312-LG-RHW.

February 4, 2009

ORDER ADOPTING REPORT AND RECOMMENDATION

LOUIS GUIROLA JR., Magistrate Judge

BEFORE THE COURT is the Report and Recommendation [11] entered by United States Magistrate Judge Robert H. Walker on January 15, 2009. Magistrate Judge Walker recommends that this Court grant the Motion to Dismiss [5] filed by the respondent, Dwain Brewer, on August 18, 2008, and that this Court deny the petitioner, James Edward O'Connell's request for habeas corpus relief.

O'Connell¹ was advised that he must file any objections to Magistrate Judge Walker's recommendations within ten days of being served with a copy of the Report and Recommendation. The Court record reveals that O'Connell has not filed an objection to the Report and Recommendation.

1 O'Connell, who is an inmate at the Stone County Correctional Facility, is represented by counsel.

Where no party has objected to the Magistrate Judge's report and recommendation, the Court need not conduct a de novo review of it. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). In such cases, the Court need only satisfy itself that there is no clear error on the face of the record. Douglass v. United Serv. Auto Ass'n, 79 F.3d 1415, 1420 (5^th Cir. 1996).

Having conducted the required review, the Court finds that the Magistrate Judge's Report and Recommendation is neither clearly erroneous nor contrary to law. Therefore, the Court finds that the Report and Recommendation entered by United States Magistrate Judge Robert H. Walker should be adopted as the opinion of this Court.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and Recommendation [11] entered by United States Magistrate Judge Robert H. Walker, be, and the same hereby is, adopted as the finding of this Court. This lawsuit is hereby DISMISSED. IT IS FURTHER ORDERED AND ADJUDGED that the Motion to Dismiss [5] filed by the respondent is GRANTED and the petitioner, James Edward O'Connell's Petition for Writ of Habeas Corpus is DENIED.

SO ORDERED AND ADJUDGED.