Wallace vs Prince, et al

Filing 47

RULING Adopting 45 Report and Recommendations of the U.S. Magistrate Judge. The Stat's 24 Motion to Dismiss Petition for Writ of Habeas Corpus is denied and this matter is referred back to the magistrate judge for further proceedings n the petitioner's remaining claims. Signed by Chief Judge Ralph E. Tyson on 06/06/2011. (NLT)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

HERMAN WALLACE(#76759)
VERSUS

CIVIL ACTION

HOWARD PRINCE, ET AL

NUMBER 09-1027-RET
RULING

The court, after carefully considering the petition, the record, the law applicable
to this action, and the Report and Recommendation of United States Magistrate Judge
Stephen C. Riedlinger dated March 9, 2011, to which no objection has been filed,
hereby approves the report and recommendation of the magistrate judge and adopts it
as the court’s opinion herein.
Accordingly, the State’s Motion to Dismiss Petition For Writ of Habeas Corpus is
denied and this matter is referred back to the magistrate judge for further proceedings
on the petitioner’s remaining claims.
Baton Rouge, Louisiana, June

6

, 2011.

S
RALPH E. TYSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA