Shabazz v. Louisiana

Full title: MALIK A. SHABAZZ, A/K/A DARWIN RILEY (#318433) v STATE OF LOUISIANA, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Jul 17, 2014

CIVIL ACTION NO.: 3:14-cv-00290-BAJ-RLB (M.D. La. Jul. 17, 2014)

Opinion

CIVIL ACTION NO.: 3:14-cv-00290-BAJ-RLB

07-17-2014

MALIK A. SHABAZZ, A/K/A DARWIN RILEY (#318433) v STATE OF LOUISIANA, ET AL.

BRIAN A. JACKSON

RULING AND ORDER

Before the Court is Petitioner's AMENDED PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (Doc. 3). The Magistrate Judge has issued a REPORT (Doc. 4) recommending that "[Petitioner's application for habeas corpus relief be dismissed, without prejudice, for failure to exhaust state court remedies as mandated by 28 U.S.C. § 2254(b)," and, further, that the Court deny Petitioner a certificate of appealability, (id. at p. 7). Petitioner objects to the Magistrate Judge's Report. (Doc. 5).

Having carefully considered Petitioner's PETITION (Doc. 1) and related filings—including Petitioner's objections—the Court APPROVES the Magistrate Judge's REPORT (Doc. 4) and ADOPTS it as the Court's opinion in this matter. Accordingly, for the reasons explained in the Magistrate Judge's Report (Doc. 4),

IT IS ORDERED that Petitioner's AMENDED § 2254 PETITION (Doc. 3) is DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED because Petitioner has failed to "ma[ke] a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).

Baton Rouge, Louisiana, this 17^th day of July, 2014.

__________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA