Opinion
CASE NO. 6:19-CV-00061 SEC P
08-09-2019
NATHANIEL MCCOY #505368 v. STATE OF LOUISIANA
MAGISTRATE JUDGE WHITEHURST
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record;
IT IS ORDERED that Rec. Doc. 13 is DENIED in part, to the extent that it seeks to stay this matter, and GRANTED in part, to the extent it seeks to dismiss this matter without prejudice.
IT IS FURTHER ORDERED that the instant Petition for Writ of Habeas Corpus be DISMISSED WITHOUT PREJUDICE because Petitioner failed to exhaust available state court remedies prior to filing.
THUS DONE AND SIGNED, in chambers, in Lafayette, Louisiana, on this 9th day of August, 2019.
/s/ _________
ROBERT R. SUMMERHAYS
UNITED STATES DISTRICT JUDGE