McClendon v. Cain

Full title: VICTOR MCCLENDON (#482673) v. N. BURL CAIN, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Dec 4, 2013

CIVIL ACTION NO.: 3:12-cv-00615-BAJ-RLB (M.D. La. Dec. 4, 2013)

Opinion

CIVIL ACTION NO.: 3:12-cv-00615-BAJ-RLB

12-04-2013

VICTOR MCCLENDON (#482673) v. N. BURL CAIN, ET AL.

BRIAN A. JACKSON

RULING AND ORDER

Before the Court is Petitioner's PETITION UNDER 28 U.S.C. § 2254 FOR A WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (Doc. 1). The Magistrate Judge has issued a REPORT AND RECOMMENDATION (Doc. 19), recommending that Petitioner's Petition "be denied as untimely pursuant to 28 U.S.C. § 2244(d)," (id. at p. 15). Petitioner filed timely objections to the Magistrate Judge's Report. (Doc. 20).

Having independently considered Petitioner's PETITION (Doc. 1) and related filings—including Petitioner's objections—the Court APPROVES the Magistrate Judge's REPORT AND RECOMMENDATION (Doc. 19), and ADOPTS it as the Court's opinion herein.

Accordingly,

IT IS ORDERED that Petitioner's § 2254 Petition (Doc. 1) is DISMISSED WITH PREJUDICE for the reasons explained in the Magistrate Judge's Report and Recommendation (Doc. 19).

Baton Rouge, Louisiana, this 4th day of December, 2013.

_______________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA