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Smith v. Warden

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION
Jun 17, 2015
DOCKET NO. 15-CV-515, SEC. P (W.D. La. Jun. 17, 2015)

Summary

noting that "the Supreme Court was clear that its Rosemond holding was directed by established precedent"

Summary of this case from Sterling v. N'Diaye

Opinion

DOCKET NO. 15-CV-515, SEC. P

06-17-2015

DWAYNE HAROLD SMITH (#20375-009) v. WARDEN


MAGISTRATE JUDGE KIRK

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, including the objections filed by Petitioner, and having determined that the findings and recommendation are correct under the applicable law;

IT IS ORDERED that Smith's petition pursuant to 28 U.S.C. §2241 be dismissed for lack of jurisdiction.

THUS DONE AND SIGNED, at Shreveport, Louisiana, on this 17 day of June, 2015.

/s/_________

TOM STAGG

UNITED STATES DISTRICT COURT JUDGE

WESTERN DISTRICT OF LOUISIANA


Summaries of

Smith v. Warden

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION
Jun 17, 2015
DOCKET NO. 15-CV-515, SEC. P (W.D. La. Jun. 17, 2015)

noting that "the Supreme Court was clear that its Rosemond holding was directed by established precedent"

Summary of this case from Sterling v. N'Diaye

noting that "the Supreme Court was clear that its Rosemond holding was directed by established precedent"

Summary of this case from Cooper v. O'Brien
Case details for

Smith v. Warden

Case Details

Full title:DWAYNE HAROLD SMITH (#20375-009) v. WARDEN

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Jun 17, 2015

Citations

DOCKET NO. 15-CV-515, SEC. P (W.D. La. Jun. 17, 2015)

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Sterling v. N'Diaye

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Cooper v. O'Brien

Nearly every district court to consider this issue has concluded that Rosemond did not create a "new rule."…