Funes v. Cain et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS 22 , 33 . Signed by Judge Jay C. Zainey on 7/11/2023.(Reference: All Cases)(mmm)

Case 2:14-cv-01342-JCZ Document 39 Filed 07/12/23 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

RIGOBERTO FUNES

CIVIL ACTION

VERSUS

NO. 14-1342
c/w 19-9795

BURL CAIN, WARDEN

SECTION “A”
ORDER

On May 8, 2020, this Court stayed the petitioner’s consolidated petitions for relief
pursuant to 28 U.S.C. § 2254 pending the Supreme Court’s decision in Edwards v. Vannoy,
141 S. Ct. 1547 (2021). The question to be addressed in Edwards was whether the juryunanimity rule announced in Ramos v. Louisiana, 140 S. Ct. 1390 (2020), applied
retroactively on federal collateral review. Ramos had not been decided when Magistrate
Judge Wilkinson issued his Report and Recommendation, and relying on then-controlling
federal law, he denied relief on the non-unanimous jury issue. In Edwards the Supreme
Court held that Ramos does not apply retroactively on federal collateral review. 141 S. Ct.
at 1562.
Nonetheless, on May 30, 2023, the Court issued an Order allowing the petitioner to
supplement his prior objection to the Report and Recommendation in light of the Edwards
decision, which again does not apply Ramos retroactively on federal collateral review. The
petitioner has not supplemented the earlier-filed objection.
Accordingly, the Court, having considered the consolidated petitions, the record,
the applicable law, the Report and Recommendation of the United States Magistrate Judge,
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Case 2:14-cv-01342-JCZ Document 39 Filed 07/12/23 Page 2 of 2

and the objection to the Magistrate Judge’s Report and Recommendation, hereby approves
the Report and Recommendation of the United States Magistrate Judge and adopts it as its
opinion in this matter. Therefore,
IT IS ORDERED that the consolidated petitions of Rigoberto Funes for issuance
of a writ of habeas corpus under 28 U.S.C. § 2254 are DENIED and DISMISSED WITH
PREJUDICE.
July 11, 2023
__________________________________
UNITED STATES DISTRICT JUDGE

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