Summary
In Dedeaux v. King, 92 Miss. 38, 45 So. 466, the court held that an election officer who spoke defamatory words in good faith in the discharge of his official duty, believing the words to be true, would not be liable under this statute, and this is true, although the truth of the insulting words is no defense.
Summary of this case from Huckabee v. NashOpinion
Civil Action No. 1:10cv288-LG-RHW.
November 30, 2010
ORDER ADOPTING REPORT AND RECOMMENDATIONS
BEFORE THE COURT is the Report and Recommendations [10] entered by United States Magistrate Judge Robert H. Walker on November 1, 2010. Judge Walker recommends that the Respondents' Motion [9] to Dismiss Douglas Dedeaux's Petition for Writ of Habeas Corpus be granted, because Dedeaux's petition was untimely.
Dedeaux was advised that he must file any objections to Judge Walker's recommendations within fourteen days of being served with a copy of the Report and Recommendations. The Court record reveals that Dedeaux received the Report and Recommendations prior to November 9, 2010, but he has not filed an objection to the Report and Recommendation. ( See Acknowledgment of Receipt [11]).
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 Walker's Report and Recommendations is neither clearly erroneous nor contrary to law. Therefore, the Court finds that the Report and Recommendations entered by Judge Walker should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and Recommendations [10] entered by United States Magistrate Judge Robert H. Walker, be, and the same hereby is, adopted as the finding of this Court.
IT IS FURTHER ORDERED AND ADJUDGED that the Respondents' Motion [9] to Dismiss Douglas Dedeaux's Petition for Writ of Habeas Corpus as untimely is GRANTED. This lawsuit is hereby DISMISSED.
SO ORDERED AND ADJUDGED this the 30th day of November, 2010.