Williams v. Kent et al

Filing 15

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS. ORDERED that Deairen Williams's petition for issuance of a writ of habeas corpus filed pursuant to 28 U.S.C. 2254 is DENIED and DISMISSED WITH PREJUDICE. Signed by Judge Martin L.C. Feldman on 7/7/2017.(clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DEAIREN WILLIAMS

CIVIL ACTION

VERSUS

NO.

JASON KENT, WARDEN

SECTION “F”(4)

16-6902

O R D E R
The Court, having considered the complaint, the record, the
applicable law, the Report and Recommendation of the United States
Magistrate Judge, and the objections 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. 1
Therefore,

The Court adopts the Report and Recommendation with two minor
amendments. First, on page 37 of the Report and Recommendation,
the second sentence of the first full paragraph is amended to
state: “The jury already had significant testimony and argument
before it establishing that there was no physical or forensic
evidence, other than the pellet gun, to link Williams to either
crime scene.” Second, the citation for the second to last sentence
of the first paragraph (that is, the sentence beginning with
“Errors will reach this level only if...”) on page 44 of the Report
and Recommendation is amended to add the proper pin citation, which
is page 1458 of the Derden case; that is, the citation in the
Report & Recommendation should read: Id. at 1458 (quoting Lisenba
v. California, 314 U.S. 219, 228 (1941)); Perez, 172 F. App’x at
82.
1

IT IS ORDERED that Deairen Williams’s petition for issuance
of a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is
DENIED and DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this ____ day of ________, 2017.
July
7th

_____________________________
UNITED STATES DISTRICT JUDGE