Brooks v. Cain

Filing 24

AMENDED ORDER ADOPTING REPORT AND RECOMMENDATIONS 19 ; ORDERED that the Court's previous Order (Rec. Doc. 21 )is VACATED. FURTHER ORDERED that the petition of Petitioner Ray A. Brooks for issuance of a writ of habeas corpus under 28 U.S.C. 2241 is DISMISSED WITH PREJUDICE for failure to prove he is entitled to an evidentiary hearing or relief based on ineffective assistance of counsel. Signed by Judge Carl Barbier on 9/3/14.(sek)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RAY A. BROOKS CIVIL ACTION VERSUS NO. WARDEN N. BURL CAIN SECTION “J”(4) 14-90 AMENDED ORDER The Court, having considered Petitioner's Petition for Habeas Corpus (Rec. Doc. 1), the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge (Rec. Doc. 19), and the Petitioner's Traverse of and Objections to Magistrate Judge's Report and Recommendation (Rec. Doc. 20), 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 Court's previous Order (Rec. Doc. 21) is VACATED. IT IS FURTHER ORDERED that the petition of Petitioner Ray A. Brooks for issuance of a writ of habeas corpus under 28 U.S.C. § 2241 is DISMISSED WITH PREJUDICE for failure to prove he is entitled to an evidentiary hearing or relief based on ineffective assistance of counsel. New Orleans, Louisiana, this 3rd day of September, 2014. ______________________________ CARL J. BARBIER UNITED STATES DISTRICT JUDGE -2-

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