Hebert v. Rogers

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 - IT IS ORDERED that Ms. Hebert's petition for issuance of a writ of habeas corpus under 28 U.S.C. § 2254 is DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that, after considering the record and requirements of 28 U.S.C. § 2253 and Fed. R. App. P. 22, the Court GRANTS a certificate of appealability on all issues raised because the Court concludes that "the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322, 327 (2009). Signed by Judge Lance M Africk.(bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
AMY HERBERT,

CIVIL ACTION

VERSUS

No. 15-4950

JIM ROGERS, WARDEN ET AL.

SECTION I
ORDER

The Court, having considered the petition, the record, the applicable law, the
Report and Recommendation of the United States Magistrate Judge, and the
objection by plaintiff, Amy Hebert, which is hereby OVERRULED, approves the
Magistrate Judge’s Finding and Recommendation and adopts it as its opinion in this
matter. Therefore,
IT IS ORDERED that Ms. Hebert’s petition for issuance of a writ of habeas
corpus under 28 U.S.C. § 2254 is DENIED and DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, after considering the record and
requirements of 28 U.S.C. § 2253 and Fed. R. App. P. 22, the Court GRANTS a
certificate of appealability on all issues raised because the Court concludes that “the
issues presented are adequate to deserve encouragement to proceed further.” MillerEl v. Cockrell, 537 U.S. 322, 327 (2009).
New Orleans, Louisiana, February 21, 2017.

_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE