United States District Court, N.D. Mississippi, Greenville Division
M. BROWN UNITED STATES DISTRICT JUDGE
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.
and Procedural History
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. 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.
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.
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.
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)
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. Doc.
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 ...