Opinion
5:19-CV-0003 SEC P
03-23-2023
WESLEY SHANE AUSTIN SR., Petitioner v. ROBERT TANNER, Respondent
PEREZ-MONTES, MAGISTRATE JUDGE
JUDGMENT
S. MAURICE HICKS, JR. UNITED STATES DISTRICT JUDGE
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein (ECF No. 39), and after a de novo review of the record including the Objections filed by Petitioner (ECF Nos. 44 & 47), and having determined that the findings and recommendation are correct under the applicable law;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (ECF No. 1) is DENIED and DISMISSED WITH PREJUDICE.
Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the applicant. The court, after considering the record in this case and the standard set forth in 28 U.S.C. Section 2253, DENIES a certificate of appealability because the applicant has not made a substantial showing of the denial of a constitutional right.
THUS, DONE AND SIGNED at Shreveport, Louisiana, this 23rd day of March, 2023.