Lindsey v. Cain et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS 28 that pla's petn for habeas corpus is dismissed. Signed by Judge Ivan L.R. Lemelle.(mmv, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

JOHN S. LINDSEY

CIVIL ACTION

VERSUS

NUMBER: 10-4502

N. BURL CAIN, WARDEN, LSP

SECTION: “B”(3)

ORDER AND REASONS
Before the Court is Petitioner John S. Lindsey’s (“Lindsey”)
timely filed objections (Rec. Doc. No. 30) to the July 7, 2011
Report and Recommendation of United States Magistrate Judge Daniel
E.

Knowles,

III

(Rec.

Doc.

No.

28),

which

recommended

that

Lindsey’s writ of habeas corpus under 28 U.S.C. §2254 be dismissed
with prejudice.
After reviewing the foregoing objection and recommendation,
along with consideration of the entire record and applicable law,
IT IS ORDERED that Petitioner’s objections to Magistrate Judge
Knowles’ Report and Recommendation are OVERRULED.
IT IS FURTHER ORDERED the Magistrate Judge’s Report and
Recommendation are hereby ADOPTED as the opinion of the Court.
That Report’s factual findings were accurate, and supported by the
state and federal courts’ proceedings and record.

The related

Recommendation is also legally sound and correctly applies the
relevant statutory laws and jurisprudential precedents.

Accordingly, IT IS FURTHER ORDERED that John S. Lindsey’s
petition for federal habeas corpus relief is thereby DISMISSED.
New Orleans, Louisiana, this 31st day of August, 2011.

______________________________
UNITED STATES DISTRICT JUDGE

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