Edwards v. New Orleans Criminal Court et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS #7 . IT IS HEREBY ORDERED that Antoine Edwards's objection (Rec. Doc. 8) is OVERRULED, and the Magistrate Judge's Report and Recommendation (Rec. Doc. 7) is APPROVED and ADOPTED as the Court's opinion. IT IS FURTHER ORDERED that Antoine Edwards's petition be DISMISSED WITHOUT PREJUDICE. Signed by Judge Carl J Barbier on 2/5/24.(cg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ANTOINE EDWARDS

CIVIL ACTION

VERSUS

NO: 23-7342

NEW ORLEANS CRIMINAL
COURT, ET AL

SECTION: “J”(1)
ORDER

The Court, having considered the complaint, the record, the applicable law, the
Report and Recommendation of the United States Magistrate Judge (Rec. Doc. 7),
and petitioner’s objections (Rec. Doc. 8), hereby approves the Report and
Recommendation of the United States Magistrate Judge and adopts it as its opinion
in this matter.
On January 10, 2024, Magistrate Judge van Meerveld recommended that
petitioner’s claims should be dismissed, sua sponte, because his petition does not
comply with the federal exhaustion requirement. (Rec. Doc. 7, at 4). This Court has
previously explained to petitioner that he has exhausted only two claims in the
Louisiana state courts: “(1) that the state violated his right to due process under
Napue v. Illinois, 360 U.S. 264 (1959), by eliciting and using false testimony that
misrepresented the credibility of witnesses Mashonda Johnson and Torrie Williams;
and (2) that the prosecutor’s repeated elicitation to accusatory testimonial hearsay
deprived petitioner of a fair trial.” Id. See Edwards v. New Orleans Police Department,
et al., No. 23-3353, Rec. Doc. 47 (E.D. La. Jan. 23, 2024). However, Edwards has

continued to file new actions asserting unexhausted claims. Although Edwards is
proceeding pro se and is entitled to liberal construction of his arguments, the Court
finds his objections to be frivolous. Accordingly,
IT IS HEREBY ORDERED that Antoine Edwards’s objection (Rec. Doc. 8) is
OVERRULED, and the Magistrate Judge’s Report and Recommendation (Rec. Doc.
7) is APPROVED and ADOPTED as the Court’s opinion.
IT IS FURTHER ORDERED that Antoine Edwards’s petition be
DISMISSED WITHOUT PREJUDICE.
New Orleans, Louisiana, this 5th day of February, 2024.

____________________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE