Preston v. Vannoy et al

Filing 17

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS. ORDERED that Andre Preston'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 4/19/2017.(clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ANDRE PRESTON

CIVIL ACTION

VERSUS

NO. 16-13042

DARRYL VANNOY

SECTION “F”(4)

ORDER
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,
IT IS ORDERED that Andre Preston’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 19th day of April 2017.

____________________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

1

The Court corrects an immaterial error on page 25 of the magistrate judge’s Report & Recommendation: State v.
Weatherspoon is twice referenced as a Louisiana Supreme Court decision, but it is, in fact, a Louisiana appellate
court decision. 948 So. 2d 215 (La. App. 5 Cir. 2006).