Matthews v. McCain

Filing 20

RULING AND ORDER Adopting 19 Report and Recommendation of the U.S. Magistrate Judge. Petitioner's Petition 1 be and his hereby DENIED as untimely. This action be and is hereby DISMISSED WITH PREJUDICE. A certificate of appealability be and is hereby DENIED because reasonable jurists would not debate the correctness of this Court's ruling that Petitioner's application is untimely. Judgement shall be entered separately. Signed by Judge Brian A. Jackson on 9/29/2021. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JOHNELL MATTHEWS (#119115)

CIVIL ACTION

VERSUS
S. W. MCCAIN, ET AL.

NO. 18-00589-BAJ-EWD
RULING AND ORDER

Before the Court is Petitioner’s Petition Under 28 U.S.C. § 2254 For Writ
Of Habeas Corpus By A Person In State Custody (Doc. 1). The Magistrate
Judge has issued a Report and Recommendation (Doc. 19), recommending that
Petitioner’s application for habeas corpus relief be denied as untimely, and, further,
that the Court deny Petitioner a certificate of appealability. There is no objection to
the Magistrate Judge’s recommendation.1
Having carefully considered Petitioner’s Petition and related filings, the Court
APPROVES the Magistrate Judge’s Report and Recommendation and ADOPTS it
as the Court’s opinion in this matter.
Accordingly,
IT IS ORDERED that Petitioner’s Petition (Doc. 1) be and is hereby DENIED
as untimely.

Petitioner’s objection, if any, would ordinarily be due withing 14 days of service of the
Magistrate Judge’s Report and Recommendation. 28 U.S.C. § 636(b)(1). Here, however, by
General Order No. 2021-7, the Chief Judge of this District suspended all deadlines for a
period of 30 days commencing August 26, 2021, in response to the impact of Hurricane Ida.
Still, despite the extension afforded by General Order No. 2021-7, Petitioner has not filed any
objection.
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IT IS FURTHER ORDERED that this action be and is hereby DISMISSED
WITH PREJUDICE.
IT IS FURTHER ORDERED that a certificate of appealability be and is
hereby DENIED because reasonable jurists would not debate the correctness of this
Court’s ruling that Petitioner’s application is untimely.
Judgement shall be entered separately.
Baton Rouge, Louisiana, this 29th day of September, 2021

______________________________________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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