Mitchell v. McCain et al

Filing 10

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

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