Opinion
Civil Action 19-00270-BAJ-EWD
08-30-2022
DEMOND JASMINE #479368 v. TIMOTHY HOOPER, ET AL.
RULING AND ORDER
JUDGE BRIAN A. JACKSON UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Before the Court is Petitioner's Amended Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 10). The Petition is opposed. (Doc. 16). The Magistrate Judge has now issued a Report and Recommendation (Doc. 17, the “R&R”), recommending that the Petition be denied as Petitioner's only claim-that prison officials incorrectly calculated his parole eligibility date-is unexhausted and procedurally defaulted. The R&R further recommends that the Court deny Petitioner a certificate of appealability. There are no objections to the R&R.
Having carefully considered Petitioner's Amended 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 Amended Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 10) 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 request for habeas relief or the correctness of the substantive ruling.