Griffin v. Cain et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 - IT IS ORDERED that Frank Griffin's petition for issuance of a writ of habeas corpus under 28 U.S.C. § 2254 is GRANTED, his sentence is VACATED, and the 21st Judicial District Court for Tangi pahoa Parish, Louisiana is ORDERED to, within ninety (90) days of issuance of this Order, either resentence Griffin or otherwise bring his sentence into conformity with Miller v. Alabama, __ U.S. __, 132 S. Ct. 2455 (2012), or release Griffin from confinement. Signed by Judge Lance M Africk on 12/19/2016.(bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FRANK GRIFFIN

CIVIL ACTION

VERSUS

NO. 15-0158

N. BURL CAIN, WARDEN

SECTION “I”(4)
ORDER

The Court, having considered the complaint, the record, the applicable law, the Report
and Recommendation of the United States Magistrate Judge, and the objection by petitioner,
Frank Griffin,

which

is

hereby

OVERRULED,

approves

the

Magistrate

Judge’s

Findings and Recommendation and adopts it as its opinion in this matter. Therefore,
IT IS ORDERED that Frank Griffin’s petition for issuance of a writ of habeas corpus
under 28 U.S.C. § 2254 is GRANTED, his sentence is VACATED, and the 21st Judicial
District Court for Tangipahoa Parish, Louisiana is ORDERED to, within ninety (90) days of
issuance of this Order, either resentence Griffin or otherwise bring his sentence into conformity
with Miller v. Alabama, __ U.S. __, 132 S. Ct. 2455 (2012), or release Griffin from confinement.

New Orleans, Louisiana, this 19th day of December, 2016.

____________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE