Smith v. Johnson

Full title: VALECIO JAMELL SMITH B.O.P. # 26986-001 v. WARDEN JOHNSON

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

Date published: Jan 25, 2018

CIVIL ACTION NO. 2:17-CV-184 SECTION P (W.D. La. Jan. 25, 2018)

Opinion

CIVIL ACTION NO. 2:17-CV-184 SECTION P

01-25-2018

VALECIO JAMELL SMITH B.O.P. # 26986-001 v. WARDEN JOHNSON

JUDGE ROBERT G. JAMES

MAGISTRATE JUDGE KAY

JUDGMENT

For the reasons stated in the Report and Recommendation [Doc. No. 10] of the Magistrate Judge previously filed herein, and after a de novo review of the record, determining that the findings are correct under applicable law, and considering all objections to the Report and Recommendation in the record,

IT IS ORDERED, ADJUDGED AND DECREED that the claim in Petitioner's application for writ of habeas corpus regarding the execution of his sentence is DENIED and DISMISSED WITH PREJUDICE, and the claim regarding his presence at resentencing is DENIED and DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. All claims having been resolved, the Clerk of Court is directed to close this case.

MONROE, LOUISIANA, this 25^th day of January, 2018.

/s/ _________

ROBERT G. JAMES

UNITED STATES DISTRICT JUDGE