Summary
finding plaintiff did " more than simply parrot the statutory language"
Summary of this case from Whitehead v. Ocwen Fin. Corp.Opinion
CIVIL ACTION 14-2613
01-14-2015
DALE ROBIN MILLER v. WARDEN BURL CAIN
MAGISTRATE JUDGE HANNA
JUDGMENT
This matter was referred to Magistrate Judge Patrick Hanna for Report and Recommendation. After full consideration of the record, including objections, the Court concludes the Report and Recommendation of the Magistrate Judge is correct and, therefore, adopts the conclusions set forth therein. Accordingly,
IT IS ORDERED that the petition for habeas corpus is deemed successive and is DISMISSED for lack of jurisdiction. It is further ORDERED that those claims not cognizable on habeas corpus are hereby DISMISSED WITH PREJUDICE for failing to state a claim for which relief may be granted.
THUS DONE and SIGNED on this 14th day of January, 2015.
/s/_________
RICHARD T. HAIK, SR., DISTRICT JUDGE
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA