Opinion
CIVIL ACTION NO.: 3:13-cv-00071-BAJ-RLB
11-14-2013
MICHAEL R. CHAMBERS (#121816) v. BURL CAIN, ET AL.
RULING AND ORDER
Before the Court is Petitioner's PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (Doc. 1). The Magistrate Judge has issued a REPORT AND RECOMMENDATION (Doc. 9), recommending that Petitioner's Petition be dismissed without prejudice to later reapply for a writ of habeas corpus upon exhaustion of state court remedies. (Id. at p. 7). Petitioner filed timely objections to the Magistrate Judge's Report. (Doc. 10).
Having independently considered Petitioner's PETITION (Doc. 1) and related filings—including Petitioner's objections—the Court APPROVES the Magistrate Judge's REPORT AND RECOMMENDATION (Doc. 9), and ADOPTS it as the Court's opinion herein.
Accordingly,
IT IS ORDERED that Petitioner's § 2254 Petition (Doc. 1) is DISMISSED WITHOUT PREJUDICE for the reasons explained in the Magistrate Judge's Report and Recommendation (Doc. 9).
IT IS FURTHER ORDERED that Petitioner's request for a certificate of appealability (Doc. 10 at p. 5) is DENIED because Petitioner has failed to "ma[ke] a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
Baton Rouge, Louisiana, this 14th day of November, 2013.
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BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA