Herrera v. Johnson

Full title: SAID FRANCISCO HERRERA, Petitioner v. CALVIN JOHNSON, Respondent

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

Date published: May 22, 2020

CIVIL DOCKET NO. 1:19-CV-1326-P (W.D. La. May. 22, 2020)

Opinion

CIVIL DOCKET NO. 1:19-CV-1326-P

05-22-2020

SAID FRANCISCO HERRERA, Petitioner v. CALVIN JOHNSON, Respondent

JUDGE DRELL

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein (ECF No. 7), and after a de novo review of the record including the Objection filed by Petitioner (ECF No. 9), and having determined that the findings and recommendation are correct under the applicable law;

IT IS ORDERED that the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 1) is hereby DISMISSED for lack of jurisdiction, WITH PREJUDICE as to the jurisdictional issue, but WITHOUT PREJUDICE as to the merits of Herrera's claim.

THUS DONE AND SIGNED at Alexandria, Louisiana, this 22^ND day of May, 2020.

/s/ _________

DEE D. DRELL

UNITED STATES DISTRICT JUDGE