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Austin v. Tanner

United States District Court, Western District of Louisiana
Mar 23, 2023
5:19-CV-0003 SEC P (W.D. La. Mar. 23, 2023)

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.


Summaries of

Austin v. Tanner

United States District Court, Western District of Louisiana
Mar 23, 2023
5:19-CV-0003 SEC P (W.D. La. Mar. 23, 2023)
Case details for

Austin v. Tanner

Case Details

Full title:WESLEY SHANE AUSTIN SR., Petitioner v. ROBERT TANNER, Respondent

Court:United States District Court, Western District of Louisiana

Date published: Mar 23, 2023

Citations

5:19-CV-0003 SEC P (W.D. La. Mar. 23, 2023)