Opinion
CIVIL ACTION NO. 14-434
07-15-2015
JAMES LYNDAL FOSTER v. WARDEN, AVOYELLES CORRECTIONAL CENTER
MAGISTRATE JUDGE KIRK
JUDGMENT
Before the court is a second Report and Recommendation by the Magistrate Judge in the above-captioned habeas corpus case. The court has carefully reviewed the entire record in this case, including the objections to the Report and Recommendation filed by Petitioner, and finds that its proposed findings are correct under applicable law and jurisprudence. It is, accordingly, hereby
R. 25.
The court notes that the Magistrate Judge regrettably failed to amend the factual recitation to note that no guilty plea was entered in this case, despite our prior Order (R. 24) pointing out this factual discrepancy. See, R. 25 at p. 4. We expressly find, however, that this error did not alter the substantive result in this matter and still find that the result reached in the Report and Recommendation is correct under all applicable law and jurisprudence. --------
ORDERED, ADJUDGED and DECREED that the second Report and Recommendation of the Magistrate Judge is ADOPTED and, therefore, Petitioner's habeas corpus petition is DENIED and DISMISSED with prejudice for the reasons expressed in that Report and Recommendation.
THUS DONE AND SIGNED in chambers at Alexandria, Louisiana this 15th day of July, 2015.
/s/ _________
JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT JUDGE