Dixon v. Cain et al

Filing 20

RULING Adopting the 18 Report and Recommendation of the U.S. Magistrate Judge. Petitioner's application for habeas corpus relief shall be denied with prejudice, as untimely. Further, in the event that the Petitioner seeks to pursue an appeal, a certificate of appealability shall be denied. Signed by Judge Shelly D. Dick on 3/3/2017. (LLH)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JIMMIE DARNELL DIXON CIVIL ACTION VERSUS NO. 15-45-SDD-RLB N. BURL CAIN, ET AL. RULING The Court has carefully considered the Petition,1 the record, the law applicable to this action, and the Report and Recommendation2 of United States Magistrate Judge Richard L. Bourgeois, Jr. dated February 13, 2017. Plaintiff has filed an objection3 which the Court has also considered. The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court’s opinion herein. Accordingly, the Petitioner's application for habeas corpus relief shall be denied with prejudice, as untimely. Further, in the event that the Petitioner seeks to pursue an appeal, a certificate of appealability shall be denied. Signed in Baton Rouge, Louisiana on March 3, 2017. S JUDGE SHELLY D. DICK UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 1 Rec. Doc. 1. Rec. Doc. 18. 3 Rec. Doc. 19. 2

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