Opinion
CIVIL ACTION NO. 16-cv-0660
08-28-2019
DAVID EARL JOHNSON #166293 v. N. BURL CAIN
MAGISTRATE JUDGE HORNSBY
JUDGMENT
For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law;
It is ordered that Petitioner's Petition for Writ of Habeas Corpus is denied.
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. Jurists of reason would not find it debatable whether the petition states a valid claim of the denial of a constitutional right and whether this court was correct in its procedural ruling. See Slack v. McDaniel, 120 S.Ct. 1595, 1604 (2000).
THUS DONE AND SIGNED at Shreveport, Louisiana, this the 28th day of August, 2019.
/s/_________
ELIZABETH E. FOOTE
UNITED STATES DISTRICT JUDGE