Mott v. Cain

Full title: CLARENCE MOTT v. N. BURL CAIN, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Sep 20, 2016

CIVIL ACTION NO.: 13-00235-BAJ-RLB (M.D. La. Sep. 20, 2016)

Opinion

CIVIL ACTION NO.: 13-00235-BAJ-RLB

09-20-2016

CLARENCE MOTT v. N. BURL CAIN, ET AL.

BRIAN A. JACKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

RULING AND ORDER

Before the Court is Petitioner Clarence Mott's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. §§ 2241 and 2254 (Doc. 1).¹ The Magistrate Judge issued a Report and Recommendation (Doc. 17). recommending that the Court deny petitioner's application for habeas relief, and, further, that the Court deny Petitioner a certificate of appealability. Petitioner timely filed objections to the Magistrate Judge's Report. (Doc. 18).

1 By correspondence dated April 23, 2013, the Court informed Petitioner that the pleadings accompanying the habeas corpus application were deficient. (See Doc. 3). Specifically, Petitioner failed to pay the Court's filing fee. The Court informed Petitioner that he had twenty-one (21) days from the date of the letter to either pay the filing fee or submit a Motion to Proceed In Forma Pauperis. (Doc. 3). The Court dismissed the proceeding after 21 days because it appeared that Petitioner failed to pay within the provided deadline. (Docs. 4 and 5). On June 11, 2013, Petitioner filed a motion to amend the original Petition and reinstate the proceeding. (Doc. 6). Specifically, Petitioner asserted that the Motion to Proceed In Forma Pauperis was timely filed but inadvertently returned by the Clerk of Court, and that the action was improperly dismissed. (Doc. 6). Upon reviewing the record, the Court granted Petitioner's motion (Doc. 7) and reinstated the original Petition (Doc. 1). --------

Having carefully considered Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) and related filings—including Petitioner's objections—the Court APPROVES the Magistrate Judge's Report and Recommendation (Doc. 17) and ADOPTS it as the Court's opinion in this matter.

Accordingly, for the reasons explained in the Magistrate Judge's Report (Doc. 17).

IT IS ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DENIED.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED because Petitioner has failed to "ma[ke] a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).

Baton Rouge, Louisiana, this 20^th day of September, 2016.

/s/ _________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA