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Hillie v. Webster

United States District Court, N.D. Mississippi, Greenville Division

March 27, 2018

GREGORY MARQUE HILLIE PETITIONER
v.
JUDGE CHARLES WEBSTER and JUDGE LINDA COLEMAN RESPONDENTS GREGORY MARQUE HILLIE PETITIONER
v.
SHERIFF KEVIN WILLIAMS and ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI RESPONDENTS

          ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE

         Before the Court in the lead case of these consolidated cases are the Report and Recommendation of United States Magistrate Judge Roy Percy, Doc. #11; and the objections of Gregory Marque Hillie, Doc. #13.

         I

         Background and Procedural History

         On March 30, 2016, in Bolivar County Circuit Court Cause No. 2016-008-CR2, Hillie was indicted by a grand jury on one count of first degree murder and one count of aggravated assault, with a sentencing enhancement for using a firearm during the commission of such crimes. Doc. #10-1.[1] Christopher F. Powell was appointed counsel for Hillie and a trial date was set for November 14, 2016. Doc. #10-2. Subsequently, Powell moved for and was granted an order requiring Hillie to undergo a mental examination to determine his capacity and/or competency to stand trial, and his ability to decipher between right and wrong at the time of the alleged acts. Doc. #10-3; Doc. #10-4. The trial date was continued pending the results of Hillie's mental evaluation. Doc. #10-5.

         On December 11, 2016, a mental evaluation was attempted but, due to Hillie's refusal to cooperate, the examiner suggested that he be referred to Forensic Services at the Mississippi State Hospital for further evaluation. See Doc. #10-6. On June 5, 2017, the Bolivar County Circuit Court ordered that Hillie be transferred to the Mississippi State Hospital to undergo mental evaluation at the earliest possible date. Id.

         On or about May 24, 2017, Hillie filed a “Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, ” naming as respondents “Judge Charles Webster of Clarksdale, MS” and “Judge Linda Colemen [sic] of Cleveland, MS.” Doc. #1. In the petition, Hillie states:

Motion of Comparison Rico Act violation been here since 8/10/2015 haven't been to … [trial] case no M-2015-50 and case no. … 2016-008- … cr2 Attorney Chris Powell of Cleveland, MS been file motion with out … a contract sign from me request procuse[.]

Id. at 1. As relief, Hillie requests that the Court “procure … criminal charges[;] Rico Act violation.” Id. at 14. On June 27, 2017, the respondents filed a “Motion to Dismiss for Failure to State a Claim upon Which Relief Can Be Granted.” Doc. #10.

         On August 8, 2017, United States Magistrate Judge Roy Percy issued a Report and Recommendation, recommending that (1) the respondents' motion to dismiss be granted, (2)

         Hillie's petition for writ of habeas corpus be dismissed with prejudice, and (3) a certificate of appealability be denied. Doc. #11. On or about August 18, 2017, Hillie filed objections to the Report and Recommendation.[2] Doc. #13.[3]

         II

         Standard

         Where objections to a report and recommendation have been filed, a court must conduct a “de novo review of those portions of the ... report and recommendation to which the Defendants specifically raised objections. With respect to those portions of the report and recommendation to which no objections were raised, the Court need only satisfy itself that there is no plain error on the face of the record.” Gauthier v. Union Pac. R.R. Co., 644 F.Supp.2d 824, 828 ...


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