Opinion
CIVIL ACTION NO. 12-409
11-07-2012
MICHAEL A. SIMS v. COOPER, ET AL.
ORDER
The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opinion. Accordingly,
IT IS ORDERED that petitioner's "Application to Amend and Clarify to 28 U.S.C. § 2241(c)(3)," Rec. Doc. 9, is GRANTED and the petition is deemed amended and clarified as set forth in that motion.
IT IS FURTHER ORDERED that petitioner's federal application is hereby recharacterized as a "Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody" and DISMISSED WITH PREJUDICE as untimely.
IT IS FURTHER ORDERED that petitioner's motion for a writ of habeas corpus ad testificandum, Rec. Doc. 10, and motion for a speedy hearing, Rec. Doc. 11, are DENIED AS MOOT.
New Orleans, Louisiana, this 7th day of November, 2012.
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JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE