Oliver v. Rogers et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATIONS 53 . ORDERED that the petition for habeas corpus relief is GRANTED, and the case is remanded to the state district court for resentencing absent the improper enhancement. Signed by Judge Helen G. Berrigan on 3/25/2015.(kac)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RHONDA K. OLIVER CIVIL ACTION VERSUS NO. 12-2159 JAMES ROGERS SECTION: “C” ORDER The Court, having considered the petition, the record, the applicable law and the Magistrate Judge’s Report and Recommendation, and in light of respondent’s waiver of the period to object to the Report and Recommendation, hereby approves the Magistrate Judge’s Report and Recommendation and adopts it as its opinion herein. Accordingly, IT IS ORDERED that the petition for habeas corpus relief is GRANTED, and the case is remanded to the state district court for resentencing absent the improper enhancement. New Orleans, Louisiana, this 25th day of March 2015. ________________________________ UNITED STATES DISTRICT JUDGE

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