Dixon v. Cain

Full title: JIMMIE DARNELL DIXON v. N. BURL CAIN, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Jan 3, 2018

CIVIL ACTION 15-45-SDD-RLB (M.D. La. Jan. 3, 2018)

Opinion

CIVIL ACTION 15-45-SDD-RLB

01-03-2018

JIMMIE DARNELL DIXON v. N. BURL CAIN, ET AL.

SHELLY D. DICK, DISTRICT JUDGE MIDDLE DISTRICT OF LOUISIANA

RULING

The Court has carefully considered the Application for Writ of Habeas Corpus,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 November 21, 2017. Plaintiff has filed an Objection ³ which the Court has also considered.

1 Rec. Doc. 1.

2 Rec. Doc. 28.

3 Rec. Doc. 29. --------

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

Accordingly, the Petitioner's application is DENIED with prejudice as untimely and, in the event the Petitioner seeks to pursue an appeal, a certificate of appealability is also DENIED.

Baton Rouge, Louisiana the 3 day of January, 2018.

/s/ _________

SHELLY D. DICK, DISTRICT JUDGE

MIDDLE DISTRICT OF LOUISIANA