Palmer v. Cain

Filing 40

ORDER ADOPTING REPORT AND RECOMMENDATIONS 39 . Signed by Judge Jay C. Zainey on 5/4/16.(jrc)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA WARREN PALMER, III CIVIL ACTION VERSUS NO. N. BURL CAIN, WARDEN SECTION AA@(5) 03-2983 ORDER The Court, having considered the petition, the record, the applicable law, and the Report and Recommendation of the United States Magistrate Judge, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Accordingly, IT IS ORDERED that the petition of Warren Palmer, III for issuance of a writ of habeas corpus under 28 U.S.C. ' 2254 is hereby GRANTED, his sentence of life imprisonment without benefit of probation, parole or suspension of sentence is VACATED, and the state trial court is ordered to resentence him in conformity with Miller v. Alabama, 132 S.Ct. 2455 (2013), within one-hundred twenty (120) days from entry of judgment or release him from confinement. New Orleans, Louisiana, this 4th day of May, 2016. United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?