Opinion
CIVIL ACTION NO. 11-cv-2041
12-28-2011
JUDGE S. MAURICE HICKS, JR.
MAGISTRATE JUDGE HORNSBY
JUDGMENT
For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, no written objections having been filed, and concurring with the findings of the Magistrate Judge under the applicable law;
IT IS ORDERED that Plaintiff's petition is DISMISSED WITHOUT 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 because the applicant has not made a substantial showing of the denial of a constitutional right.
THUS DONE AND SIGNED, at Shreveport, Louisiana, this the 28th day of December, 2011.
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S. MAURICE HICKS, JR.
UNITED STATES DISTRICT JUDGE