Opinion
Civil Action 19-00668-BAJ-EWD
01-12-2023
CHARLES WILLIAM LANDRUM (#227691) v. JEFF LANDRY
RULING AND ORDER
BRIAN A. JACKSON UNITED STATES DISTRICT COURT JUDGE
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. 3). The Petition is opposed. (Doc. 8).
On November 29, 2022, the Magistrate Judge issued a Report and Recommendation (Doc. 19, the “R&R”), recommending that Petitioner's Petition is timely, but nonetheless fails on the merits, and, further, that the Court deny Petitioner a certificate of appealability (COA). The deadline to respond to the R&R has long passed, without any objection from Petitioner.
Upon de novo review, and having carefully considered Petitioner's Petition, the State's opposition, the state court record, 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. 3) be and is hereby DENIED.
IT IS FURTHER ORDERED that the above-captioned action be and is hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, in the event Petitioner pursues an appeal in this case, a COA be and is hereby DENIED because reasonable jurists would not debate the denial of Petitioner's Petition or the correctness of the Court's substantive rulings.
Judgement shall be entered separately.