Opinion
CIVIL ACTION NO.: 16-00481-BAJ-RLB
11-17-2016
CHADDRICK PIPER v. STATE OF LOUISIANA
RULING AND ORDER
Before the Court is Petitioner Chaddrick Piper's Petition for Writ of Habeas Corpus (Doc. 1). The Magistrate Judge issued a Report and Recommendation (Doc. 6), recommending that the Court dismiss Petitioner's application for habeas corpus relief without prejudice as premature, and that the Court deny Petitioner's request for a certificate of appealability should he pursue an appeal in this case. (Doc. 6 at p. 5).
The Report and Recommendation specifically notified Petitioner that, pursuant to 28 U.S.C. § 636(b)(1), he had fourteen (14) days from the date he received the Report and Recommendation to file written objections to the proposed findings of fact, conclusions of law, and recommendations therein. (Doc. 6 at p. 1). Petitioner filed no objections.
Having carefully considered the Petition for Writ of Habeas Corpus (Doc. 1) and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation (Doc. 6) and ADOPTS it as the Court's opinion in this matter.
Accordingly, and for the reasons explained in the Magistrate Judge's Report and Recommendation,
IT IS ORDERED that the Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED WITHOUT PREJUDICE.
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" in accordance with 28 U.S.C. § 2253(c)(2).
Baton Rouge, Louisiana, this 17th day of November, 2016.
/s/ _________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA