Simms v. Cain

Full title: DWAYNE SIMMS v. N. BURL CAIN, WARDEN, LOUISIANA STATE PENITENTIARY

Court: United States District Court, E.D. Louisiana

Date published: Mar 4, 2008

CIVIL ACTION NO. 07-966, SECTION: "I" (1) (E.D. La. Mar. 4, 2008)

Opinion

CIVIL ACTION NO. 07-966, SECTION: "I" (1).

March 4, 2008

ORDER

LANCE AFRICK, Magistrate Judge

The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and petitioner's objections to the Magistrate Judge's Report and Recommendation which are overruled, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opinion in this matter.¹ Accordingly,

1 In approving the recommendation, the Court does not adopt the dicta stated in the last sentence of footnote 25 of the U.S. Magistrate Judge's opinion.

IT IS ORDERED that the petition for federal habeas corpus relief filed by Dwayne Simms is GRANTED with respect to petitioner's conviction for the armed robbery of Kenyatta Bush. IT IS ORDERED that federal habeas corpus relief is DENIED with respect to petitioner's remaining convictions and that his claims challenging those convictions are DISMISSED WITH PREJUDICE.