Curtis v. McCain et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS, Rec. Doc. 13 . IT IS ORDERED that the federal application for habeas corpus relief filed by Michael Curtis is DISMISSED WITH PREJUDICE. Signed by Judge Jane Triche Milazzo on 4/13/2018.(sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MICHAEL CURTIS

CIVIL ACTION

VERSUS

NO. 16-16292

SANDY MCCAIN

SECTION: “H”(3)

ORDER
The Court, having considered the petition, the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge, and Petitioner’s 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 own opinion.
In Petitioner’s objections, Petitioner argues that his writ application to the Louisiana
Supreme Court was timely because it was filed fewer than thirty days from when Petitioner
received the notice of the original judgment of the court of appeal. See Doc. 14. Louisiana Supreme
Court Rule X, Section 5(a), however, states that the filing period begins to run when the notice of
judgment is mailed, i.e. placed in the mail, not when the noticed is received. See La. Sup. Ct. R.
10, § 5(a).
Accordingly,

IT IS ORDERED that the federal application for habeas corpus relief filed by Michael
Curtis is DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this 13th day of April, 2018.

__________________________________________
UNITED STATES DISTRICT JUDGE