Mosby v. Rader et al

Filing 7

RULING AND ORDER OF DISMISSAL. The Court hereby approves the 5 Report and Recommendations of the U.S. Magistrate Judge and adopts it as the Court's opinion herein. Accordingly IT IS ORDERED that the application for habeas corpus reflief filed by Darrylco Mosby is hereby dismissed as untimely and as barred by procedural default. Signed by Chief Judge Brian A. Jackson on 11/30/2012. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DARRYLCO MOSBY (#312417)

CIVIL ACTION

VERSUS

NO. 12-0513-BAJ-DLD

STEVE RADER, WARDEN

RULING
AND ORDER OF DISMISSAL
The Court has carefully considered the petition, the record, the law applicable to
this action, and the Report and Recommendation of United States Magistrate Judge
Docia L. Dalby dated October 31, 2012 (doc. no. 5) , and the objection to the Report
and Recommendation filed by the plaintiff on November 13, 2012 (doc. 6).
The Court hereby approves the report and recommendation of the magistrate
judge and adopts it as the Court’s opinion herein.
Accordingly, IT IS ORDERED that application for habeas corpus relief filed by
Darrylco Mosby is hereby dismissed as untimely and as barred by procedural default.

Baton Rouge, Louisiana, November 30, 2012.

_____________________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA