Braud v. Caldwell

Filing 8

RULING: The court has carefully considered the petition, the record, the law applicable to this action, and the 7 Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated November 26, 2012 to which no objection has be en filed. The court hereby approves the report and recommendation of the magistrate judge and adopts it as the courts opinion herein. Accordingly, the Petition Under 2 8 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Michael B. Braud is DISMISSED, with prejudice, as untimely pursuant to 28 U.S.C. § 2244(d). Signed by Judge James J. Brady on 11/26/2012. (LLH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA MICHAEL B. BRAUD (#496566) CIVIL ACTION VERSUS NO. 12-623-JJB-SCR JAMES CALDWELL, ET AL. RULING 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 Stephen C. Riedlinger dated November 26, 2012 (doc. no. 7) to which no objection has been filed. The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court’s opinion herein. Accordingly, the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Michael B. Braud is DISMISSED, with prejudice, as untimely pursuant to 28 U.S.C. § 2244(d). Baton Rouge, Louisiana, November 26, 2012. JAMES J. BRADY, JUDGE MIDDLE DISTRICT OF LOUISIANA

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