Davis v. Cain

Full title: HENRY DAVIS, JR. (#222934) v. N. BURL CAIN

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Sep 18, 2014

CIVIL ACTION NO.: 3:13-cv-00745-BAJ-RLB (M.D. La. Sep. 18, 2014)

Opinion

CIVIL ACTION NO.: 3:13-cv-00745-BAJ-RLB

09-18-2014

HENRY DAVIS, JR. (#222934) v. N. BURL CAIN

BRIAN A. JACKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

RULING AND ORDER

Before the Court is Petitioner's APPLICATION FOR WRIT OF MANDAMUS (Doc. 1). The Magistrate Judge has issued a REPORT (Doc. 4), recommending that "Petitioner's Application for Writ of Mandamus be denied and that this action be dismissed," and, further, that the Court deny Petitioner a certificate of appealability, (id. at p. 8). Petitioner filed objections to the Magistrate Judge's Report. (Doc. 5).

Having carefully considered Petitioner's APPLICATION (Doc. 1) and related filings—including Petitioner's objections (Doc. 5)—the Court APPROVES the Magistrate Judge's REPORT (Doc. 4) and ADOPTS it as the Court's opinion in this matter.

Accordingly, for the reasons explained in the Magistrate Judge's Report (Doc. 4),

IT IS ORDERED that Petitioner's APPLICATION FOR WRIT OF MANDAMUS (Doc. 1) is DENIED.

IT IS FURTHER ORDERED that a certificate of appealability 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).

IT IS FURTHER ORDERED that this action is DISMISSED.

Baton Rouge, Louisiana, this 18^th day of September, 2014.

/s/_________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA