Opinion
CIVIL ACTION No.: 3:16-CV-971-HTW-LRA
10-18-2017
EUGENE RODNEY RUSH PETITIONER v. WILLIAM SOLLIE RESPONDENT
ORDER ADOPTING REPORT AND RECOMMENDATIONS
BEFORE THIS COURT are two (2) interrelated motions: the respondent's Motion to Dismiss [Docket no. 14]; and the Report and Recommendation of the United States Magistrate Judge Linda Anderson [Docket no. 19]. In her Report and Recommendation, filed on September 6, 2017, Magistrate Judge Anderson recommended that the respondent's Motion to Dismiss [Docket no. 14] be GRANTED and then ordered that the pro se prisoner plaintiff had fourteen (14) days to object to the Report and Recommendation. The plaintiff has failed to do so.
Based upon arguments of counsel in the Motion to Dismiss [Docket no. 14] and the findings and recommendation contained in the Report and Recommendation [Docket no. 19], 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 WITHOUT PREJUDICE. The parties are to bear their own costs.
A final order adverse to the applicant 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 18th day of October, 2017.
s/ HENRY T. WINGATE
UNITED STATES DISTRICT COURT JUDGE