Mitchell v. McCain et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 . Signed by Judge Mary Ann Vial Lemmon.(cbn)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ALBERT MITCHELL CIVIL ACTION VERSUS NO. 16-13433 W.S. McCAIN, WARDEN SECTION “S” (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 petitioner’s 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. The petitioner uses Louisiana law to argue that his federal habeas petition should not be untimely, and argues that he should prevail on the merits of his claims. As explained by the Magistrate Judge, the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub. L. No. 104132, 110 Stat. 1214, applies to petitioner’s federal habeas petition, and it is untimely under that law, and the merits of the claims need not be addressed. Therefore, IT IS ORDERED that Albert Mitchell’s petition for issuance of a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED WITH PREJUDICE as time-barred. January New Orleans, Louisiana, this 11th day of _________________________, 2017. ____ ____________________________________ UNITED STATES DISTRICT JUDGE

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