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Dougherty v. Banks, 1:18CV137-LG-FKB. (2019)

Court: District Court, S.D. Mississippi Number: infdco20190117955 Visitors: 11
Filed: Jan. 14, 2019
Latest Update: Jan. 14, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING MOTION TO DISMISS HABEAS PETITION LOUIS GUIROLA, JR. , District Judge . BEFORE THE COURT is the [8] Report and Recommendation entered by Magistrate Judge F. Keith Ball on December 10, 2018. Judge Ball recommends that the [6] Motion to Dismiss filed by the respondent should be granted and that the habeas corpus petition filed by Peter Joseph Dougherty, Jr., should be dismissed with prejudice as untimely. The record reflects that the Co
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ORDER ADOPTING REPORT AND RECOMMENDATIONS AND GRANTING MOTION TO DISMISS HABEAS PETITION

BEFORE THE COURT is the [8] Report and Recommendation entered by Magistrate Judge F. Keith Ball on December 10, 2018. Judge Ball recommends that the [6] Motion to Dismiss filed by the respondent should be granted and that the habeas corpus petition filed by Peter Joseph Dougherty, Jr., should be dismissed with prejudice as untimely. The record reflects that the Court mailed a copy of the Report and Recommendation to Dougherty, but Dougherty has not filed an objection to the Report and Recommendation. Dougherty also did not respond to the [6] Motion to Dismiss.

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 (5th Cir. 1996). Having conducted the required review, the Court finds that Judge Ball's Report and Recommendation is neither clearly erroneous nor contrary to law.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the [8] Report and Recommendation entered by Magistrate Judge F. Keith Ball on December 10, 2018, is ADOPTED as the opinion of the Court.

IT IS, FURTHER, ORDERED AND ADJUDGED that the [6] Motion to Dismiss filed by the respondent is GRANTED. The habeas corpus petition filed by Peter Joseph Dougherty, Jr., is DISMISSED WITH PREJUDICE as untimely.

SO ORDERED AND ADJUDGED.

Source:  Leagle

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