Barnes v. Cain

Filing 75

RULING on 65 OBJECTION to 64 Magistrate Judge's Report and Recommendation . The original 1 Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254 By a Person in State Custody, and the 50 Supplemental Petition for Writ of Habeas Corpus Under 28 U.S.C. §2254 By a Person in State Custody, filed by Douglas Barnes, is DENIED. Signed by Judge James J. Brady on 8/3/2015. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DOUGLAS BARNES

CIVIL ACTION

VERSUS
WARDEN BURL CAIN

NO. 07-274-JJB

RULING ON OBJECTION TO MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION
This case is before the Court on an Objection (Doc. 65) to the Magistrate Judge’s Second
Supplemental Report and Recommendations (Doc. 64) filed by the plaintiff, Douglas Barnes
(Barnes). The defendant filed an opposition (Doc. 66), and Barnes replied (Doc. 69). On June 22,
2015, the Court heard oral argument.
Analysis
Magistrate Judge Riedlinger’s Second Supplemental Report and Recommendations lay
out the factual background and the legal issues thoroughly and succinctly. The Court held oral
argument primarily to address the “actual innocence” issue in light of the Cosimini affidavit,
which indicated Barnes may not have participated directly in the beating of the victim. Although
Magistrate Judge Riedlinger found the affidavit unreliable, he noted that, even if it were reliable,
there was still sufficient evidence to find Barnes guilty as a principal—including contradicting
evidence from other eyewitnesses. (Doc. 64 at 27). After hearing arguments from both parties
relating to the actual innocence issue and the other tolling issues, the Court is satisfied that
Magistrate Judge Riedlinger’s Report and Recommendations are legally correct.

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Conclusion
For the foregoing reasons, the original Petition for Writ of Habeas Corpus Under 28
U.S.C. § 2254 By a Person in State Custody, and the Supplemental Petition for Writ of Habeas
Corpus Under 28 U.S.C. §2254 By a Person in State Custody, filed by petitioner Douglas
Barnes, is DENIED.

Signed in Baton Rouge, Louisiana, on August 3, 2015.

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JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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