Ballay v. State

Full title: JOHN C. BALLAY v. STATE OF LOUISIANA

Court: United States District Court, E.D. Louisiana

Date published: Dec 12, 2007

CIVIL ACTION NO. 06-10699, SECTION "A"(1) (E.D. La. Dec. 12, 2007)

Opinion

CIVIL ACTION NO. 06-10699, SECTION "A"(1).

December 12, 2007

ORDER

JAY ZAINEY, Senior District Judge

The Court, having reviewed the Report and Recommendation of the United States Magistrate Judge, the objections filed by petitioner, and the state court record in this matter, will approve the Report and Recommendation and adopt it as its opinion in this matter. The Court recognizes the harsh sentence that petitioner received for a relatively minor offense. However, the Court can find no legal or factual basis upon which petitioner can rely to overcome the timeliness bar.¹

Accordingly;

IT IS ORDERED that the petition of John C. Ballay for issuance of a writ of habeas corpus under 28 U.S.C. § 2254 is DENIED with prejudice.

1 The Court makes no finding as to whether the petition, if timely, would present a cognizable federal claim.