Opinion
CIVIL ACTION NO. 5:18-CV-1445-P
05-28-2020
MAGISTRATE JUDGE PEREZ-MONTES
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein (ECF No. 16), and after a de novo review of the record including the objection filed by Petitioner (ECF No. 17), and having determined that the findings and recommendation are correct under the applicable law;
IT IS ORDERED that the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (ECF No. 1) is hereby DENIED and DISMISSED with prejudice.
Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the applicant. The court, after considering the record in this case and the standard set forth in 28 U.S.C. Section 2253, denies a certificate of appealability. Jurists of reason would not find it debatable whether the petition states a valid claim of the denial of a constitutional right and whether this court was correct in its procedural ruling. See Slack v. McDaniel, 120 S.Ct. 1595, 1604 (2000).
THUS DONE AND SIGNED at Shreveport, Louisiana, this 28th day of May, 2020.
/s/ _________
ELIZABETH E. FOOTE
UNITED STATES DISTRICT JUDGE