Crockett v. Cain et al

Filing 29

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

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