Opinion
CIVIL ACTION NO. 16-10-JWD-EWD CIVIL ACTION NO. 16-40-JWD-EWD
03-29-2019
BILLY PATTON v. N. BURL CAIN, ET AL. CONSOLIDATED WITH BILLY PATTON v. DARRYL VANNOY
OPINION
After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated March 8, 2019, to which an opposition was filed (Doc. 18);
IT IS ORDERED that the consolidated applications of Billy Patton for issuance of a writ of habeas corpus under 28 U.S.C. 2254 are SEVERED for purposes of entry of judgment.
IT IS FURTHER ORDERED that Patton's pro se habeas petition in Civil Action 16-10 is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.
IT IS FURTHER ORDERED that Patton's habeas petition in Civil Action 16-40 is DISMISSED WITH PREJUDICE as procedurally defaulted.
IT IS FURTHER ORDERED that, in the event the Petitioner seeks to pursue an appeal, a certificate of appealability shall be DENIED.
Judgment shall be entered accordingly.
Signed in Baton Rouge, Louisiana, on March 29, 2019.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA