Palmer v. Cain

Filing 40

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

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