Crockett v. Cain et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS 28 . Signed by Judge Mary Ann Vial Lemmon.(cbn)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DARRYL CROCKETT CIVIL ACTION VERSUS NO. 15-319 N. BURL CAIN, WARDEN SECTION: “S”(3) ORDER The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file any 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 own opinion. Accordingly, IT IS ORDERED that petitioner’s claim that there was racial discrimination in the selection of the grand jury is DENIED AND DISMISSED WITH PREJUDICE as untimely. IT IS FURTHER ORDERED that petitioner’s claim that his sentence is unconstitutional under Miller is GRANTED, that his mandatory sentence of life imprisonment without the benefit of probation, parole, or suspension of sentence is VACATED, and that the state court is ORDERED to resentence him in conformity with Miller v. Alabama, 132 S. Ct. 2455 (2012), within one hundred twenty (120) days or, in the alternative, to release him from confinement. January 11th New Orleans, Louisiana, this _____ day of _______________, 20___. __________________________________________ UNITED STATES DISTRICT JUDGE

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