Opinion
Civil Action 23-00458-BAJ-EWD
01-29-2024
LIONEL EDWARDS #93280 v. STATE OF LOUISIANA
RULING AND ORDER
BRIAN A. JACKSON, JUDGE
On June 14, 2023, Petitioner, an inmate incarcerated at the Louisiana State Penitentiary, filed a complaint pursuant to 42 U.S.C. § 1983 which, properly construed, challenges the constitutionality of his ongoing confinement on the basis that he was not convicted by a unanimous jury. (Doc. 1). The Magistrate Judge has now issued a Report and Recommendation, which acknowledges the nature of Petitioner's claims, and recommends dismissal on the basis that such claims “may only be brought in a habeas corpus proceeding under 28 U.S.C. § 2254.” (Doc. 4 at p. 3). Petitioner objects to dismissal, and makes clear that the relief he seeks is exclusively in the nature of a habeas petition. (See Doc. 5 at pp. 3-5).
Upon de novo review, and having carefully considered Petitioner's Complaint, the Report, and Petitioner's objections, the Court APPROVES the Report and ADOPTS it as the Court's opinion in this matter.
Petitioner is advised that construing the complaint as a habeas petition pursuant to 28 U.S.C. § 2254 would be futile because, as noted in the objection, the United States Supreme Court has held that the unanimous jury requirement announced in Ramos v. Louisiana, 140 S.Ct. 1390 (2020), is not retroactive. Edwards v. Vannoy, 141 S.Ct. 1547 (2021).
Accordingly, IT IS ORDERED that Petitioner's constitutional claims be and are hereby DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e) and 1915A for failure to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiffs potential state law claims.
Judgment shall issue separately. .