Williams v. Cain

Full title: KENNETH R. WILLIAMS (#104413) v. BURL CAIN, WARDEN

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: May 30, 2014

CIVIL ACTION NO. 12-493-SDD-RLB (M.D. La. May. 30, 2014)

Opinion

CIVIL ACTION NO. 12-493-SDD-RLB

05-30-2014

KENNETH R. WILLIAMS (#104413) v. BURL CAIN, WARDEN

SHELLY D. DICK

RULING

AND

ORDER OF DISMISSAL

The Court has carefully considered the Petition ¹, the record, the law applicable to this action, and the Report and Recommendation ² of United States Magistrate Judge Richard L. Bourgeois, Jr. dated May 2, 2014. Plaintiff has filed an Objection ³ which the Court has also considered.

1 Rec. Doc. 1.

2 Rec. Doc. 11.

3 Rec. Doc. 12.
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The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

Accordingly, Petitioner's application for habeas corpus relief is dismissed as barred by procedural default and by a failure to exhaust state court remedies. Further, in the event that the Petitioner seeks to pursue an appeal in this case, a certificate of appealability is DENIED.

Signed in Baton Rouge, Louisiana, on May 30, 2014.

__________

JUDGE SHELLY D. DICK

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA