SHORTER v. EPPS, 3:11-CV-225-CWR-FKB. (2014)
Court: District Court, S.D. Mississippi
Number: infdco20141223d44
Visitors: 3
Filed: Dec. 22, 2014
Latest Update: Dec. 22, 2014
Summary: ORDER CARLTON W. REEVES, District Judge. Before the Court is petitioner Johnny Charles Shorter's objection to the Magistrate Judge's Report and Recommendation. Docket No. 26. Shorter later moved to substitute that objection with a more legible copy and add a few pages of exhibits. Docket No. 28. The motion will be granted. The Court has reviewed Shorter's objection and amended objection. It sees that a number of Shorter's arguments do not contest the Report and Recommendation, but instead ar
Summary: ORDER CARLTON W. REEVES, District Judge. Before the Court is petitioner Johnny Charles Shorter's objection to the Magistrate Judge's Report and Recommendation. Docket No. 26. Shorter later moved to substitute that objection with a more legible copy and add a few pages of exhibits. Docket No. 28. The motion will be granted. The Court has reviewed Shorter's objection and amended objection. It sees that a number of Shorter's arguments do not contest the Report and Recommendation, but instead are..
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ORDER
CARLTON W. REEVES, District Judge.
Before the Court is petitioner Johnny Charles Shorter's objection to the Magistrate Judge's Report and Recommendation. Docket No. 26. Shorter later moved to substitute that objection with a more legible copy and add a few pages of exhibits. Docket No. 28. The motion will be granted.
The Court has reviewed Shorter's objection and amended objection. It sees that a number of Shorter's arguments do not contest the Report and Recommendation, but instead are new arguments for habeas relief. Those arguments are made too late. The Magistrate Judge properly considered the grounds contained in Shorter's original petition. See Docket No. 1.
After considering the remaining objections, the Court is persuaded that the Magistrate Judge's resolution was correct. The objections are overruled and the Report and Recommendation is adopted as this Court's own.
A Final Judgment will issue this day. Pursuant to Slack v. McDaniel, 529 U.S. 473, 484 (2000), no certificate of appealability shall issue. See Alexander v. Johnson, 211 F.3d 895, 898 (5th Cir. 2000).
SO ORDERED.
Source: Leagle
