Dennis v. Louisiana State et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 . Signed by Judge Mary Ann Vial Lemmon on 7/16/15.(cbn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CHADWICK DENNIS

CIVIL ACTION

VERSUS

NO. 14-2780

STATE OF LOUISIANA

SECTION “S”(2)

ORDER
The court, having considered the complaint, the record, the applicable law, the Report
and Recommendation of the United States Magistrate Judge, and the petitioner's objection
to the Magistrate Judge’s Report and Recommendation, hereby OVERRULES the
petitioner's objection and approves the Report and Recommendation of the United States
Magistrate Judge and adopts it as its opinion in this matter.
The Report and Recommendation concludes that the petition raises challenges to state
law, which are not appropriate claims for a federal habeas corpus petition. In his objection
to the Report and Recommendation petitioner claims that he is raising Eighth and Fourteenth
Amendment claims. The petition specifically states that it "challenges state law governming
parole" on the grounds that: (1) "the legislature did not give nor intend to give sentencing
power to the executive branch when it enacted R.S. 15:308"; (2) "the [Louisiana] Fifth
Circuit Court of Appeal erred in denying petitioner's supervisory writ of review"; (3) "La.
C. Cr. P. article 881.5 and 882 allow the correction at any time of an illegal sentence which
exceeds the maximum sentence authorized by law"; and, "this petitioner's only remedy is to
be represented by the judicial branch." The petition and supporting memorandum do not

mention the Eighth or Fourteenth Amendments to the Constitution of the United States, and
do not raise claims thereunder. Therefore, such claims are not before this court.
IT IS ORDERED that the petition of Chadwick Dennis for issuance of a writ of
habeas corpus under 28 U.S.C. § 2254 be DENIED and DISMISSED WITH PREJUDICE.
16th
July
New Orleans, Louisiana, this __________ day of ___________________, 2015.

__________________________________
UNITED STATES DISTRICT JUDGE

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