Pierre v. La. State Penitentiary

Full title: HERMAN PIERRE (#127202) v. LOUISIANA STATE PENITENTIARY, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Oct 1, 2014

CIVIL ACTION NO.: 3:13-cv-00263-BAJ-SCR (M.D. La. Oct. 1, 2014)

Opinion

CIVIL ACTION NO.: 3:13-cv-00263-BAJ-SCR

10-01-2014

HERMAN PIERRE (#127202) v. LOUISIANA STATE PENITENTIARY, ET AL.

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

RULING AND ORDER

Before the Court is Petitioner's PETITION UNDER 28 USC § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (Doc. 1). The Magistrate Judge has issued a REPORT (Doc. 15), recommending that Petitioner's application for habeas corpus relief be denied, and, further, that the Court deny Petitioner a certificate of appealability, (id. at p. 26). Petitioner filed timely objections to the Magistrate Judge's Report. (Doc. 17).

Having carefully considered Petitioner's MOTION (Doc. 1) and related filings—including Petitioner's objections—the Court APPROVES the Magistrate Judge's REPORT (Doc. 15) and ADOPTS it as the Court's opinion in this matter. Accordingly, for the reasons explained in the Magistrate Judge's Report (Doc. 15),

IT IS ORDERED that Petitioner's § 2254 PETITION (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 1^st day of October, 2014.

/s/_________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA