Matthews v. Cain

Filing 39

ORDER ADOPTING 38 REPORT AND RECOMMENDATIONS: IT IS ORDERED that Patrick Matthews' federal application for habeas corpus relief is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED that Matthews' excessive sentence claim is GRANTE D and IT IS ORDERED that he be released from confinement unless the state court resentences him to a constitutional sentence in accordance with this Court's opinion within one hundred twenty (120) days. IT IS FURTHER ORDERED that Matthews' federal application is DENIED in all other respects. Signed by Chief Judge Nannette Jolivette Brown on 8/29/2018.(mmv)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PATRICK MATTHEWS

CIVIL ACTION

VERSUS

NO. 15-430

BURL CAIN, WARDEN

SECTION: “G”(1)
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 Patrick Matthews’ federal application for habeas corpus relief is
GRANTED IN PART AND DENIED IN PART.
IT IS FURTHER ORDERED that Matthews’ excessive sentence claim is GRANTED
and IT IS ORDERED that he be released from confinement unless the state court resentences him
to a constitutional sentence in accordance with this Court’s opinion within one hundred twenty
(120) days.
IT IS FURTHER ORDERED that Matthews’ federal application is DENIED in all other
respects.
NEW ORLEANS, LOUISIANA, this _____ day of August, 2018.
29th

__________________________________________
NANNETTE JOLIVETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT JUDGE