Opinion
Civil Action 19-00226-BAJ-SDJ
07-26-2022
RULING AND ORDER
BRIAN A. JACKSON, JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Before the Court is Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1). The Motion is opposed. (Doc. 20). The Magistrate Judge issued a Report and Recommendation (Doc. 23), recommending that Petitioner's application for habeas corpus relief be denied as untimely, and, further, that the Court deny Petitioner a certificate of appealability. There are no objections to the Magistrate Judge's Recommendation.
Having carefully considered Petitioner's Petition and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1) be and is hereby DENIED.
IT IS FURTHER ORDERED that the above-captioned matter be and is hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, in the event that Petitioner pursues an appeal in this case, a certificate of appealability be and is hereby DENIED because reasonable jurists would not debate the denial of Petitioner's Petition or the correctness of the substantive ruling.
Judgment shall be entered separately.
Baton Rouge, Louisiana, this 26th day of July, 2022