Romious v. Enright et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS 20 . IT IS ORDERED that Romious's petition for issuance of a writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE in part as to his complaints about his conditions of confine ment that are not cognizable on federal habeas review; DISMISSED WITH PREJUDICE in part as time-barred to the extent he asserts claims challenging the underlying convictions and sentences in Jefferson Parish Case Nos. 11-5898 and 13-1511; and DISMISSED WITHOUT PREJUDICE in part for failure to exhaust state court remedies with regard to his claims challenging the probation revocation proceedings in Jefferson Parish Case No. 13-1511. Signed by Judge Jay C. Zainey on 2/21/2017.(ajn)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CARLOS ROMIOUS CIVIL ACTION VERSUS NO. 16-3113 STATE OF LOUISIANA ET AL. SECTION “A”(2) ORDER The court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an 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 opinion in this matter. Therefore, IT IS ORDERED that Romious’s petition for issuance of a writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE in part as to his complaints about his conditions of confinement that are not cognizable on federal habeas review; DISMISSED WITH PREJUDICE in part as time-barred to the extent he asserts claims challenging the underlying convictions and sentences in Jefferson Parish Case Nos. 11-5898 and 13-1511; and DISMISSED WITHOUT PREJUDICE in part for failure to exhaust state court remedies with regard to his claims challenging the probation revocation proceedings in Jefferson Parish Case No. 13-1511. New Orleans, Louisiana, this __________ day of___________________, 2017. February 21st ________________________________ JAY C. ZAINEY UNITED STATES DISTRICT JUDGE

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