Opinion
CIVIL ACTION NO. 13-754-JJB-SCR
04-09-2014
KENNETH HERNANDEZ (#385129) v. RICKY SPINNER, ET AL.
RULING
The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated March 17, 2014 (doc. no. 12). The plaintiff filed an objection which merely restates his prior argument and has been duly considered.
The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Kenneth Hernandez is DENIED. Further, a certificate of appealability is DENIED for the reasons set forth in the report.
Baton Rouge, Louisiana, this 9th day of April, 2014.
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JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA