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Harkey v. Degraw

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Jul 15, 2015
CIVIL ACTION NO. 14-3129-P (W.D. La. Jul. 15, 2015)

Opinion

CIVIL ACTION NO. 14-3129-P

07-15-2015

DAVID M. HARKEY v. DANNAH DEGRAW, ET AL.


MAGISTRATE JUDGE HORNSBY

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, and noting the lack of written objections filed by Plaintiff and determining that the findings are correct under the applicable law;

IT IS ORDERED that Plaintiff's civil rights complaint is DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim on which relief may be granted pursuant to 28 U.S.C. § 1915(e).

IT IS FURTHER ORDERED that Plaintiff's request for habeas relief is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.

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, in Shreveport, Louisiana, on this the 15th day of July, 2015.

/s/_________

S. MAURICE HICKS, JR.

UNITED STATES DISTRICT JUDGE


Summaries of

Harkey v. Degraw

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION
Jul 15, 2015
CIVIL ACTION NO. 14-3129-P (W.D. La. Jul. 15, 2015)
Case details for

Harkey v. Degraw

Case Details

Full title:DAVID M. HARKEY v. DANNAH DEGRAW, ET AL.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

Date published: Jul 15, 2015

Citations

CIVIL ACTION NO. 14-3129-P (W.D. La. Jul. 15, 2015)