Torres-Rodriguez v. Johnson

Full title: JORGE TORRES-RODRIGUEZ REG. # 16092-069 v. CALVIN JOHNSON

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

Date published: Jul 5, 2018

DOCKET NO. 17-cv-1215 SECTION P (W.D. La. Jul. 5, 2018)

Opinion

DOCKET NO. 17-cv-1215 SECTION P

07-05-2018

JORGE TORRES-RODRIGUEZ REG. # 16092-069 v. CALVIN JOHNSON

JUDGE DRELL

MAGISTRATE JUDGE KAY

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, and a de novo determination of the issues, and consideration of the objections filed herein, and having determined that the findings are correct under applicable law, the court concludes that the Magistrate Judge's Report and Recommendation is correct and adopts the findings and conclusions therein as its own.

The court further notes that Plaintiff has asserted arguments that were not asserted in his original petition for writ of habeas corpus as a basis for the relief he is seeking. This court will not consider these as a basis for relief in this proceeding.¹

1 Plaintiff argues that because his sentence was not based on an specific quantity of heroin and cocaine, he was improperly sentenced under the sentencing guidelines of § 1B1.3 for violations of § 841(b)(1)(A). --------

Accordingly, IT IS ORDERED that this petition for writ of habeas corpus be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction.

THUS DONE AND SIGNED in Chambers this 5^th day of July, 2018.

/s/ _________

JUDGE DRELL

UNITED STATES DISTRICT JUDGE