Henderson v. Martinez

Filing 21

JUDGMENT ADOPTING 19 Report and Recommendations of the magistrate judge. ORDERED this petition is DENIED AND DISMISSED WITH PREJUDICE. Signed by Judge Dee D Drell on 10/12/2009. (crt,Leleux, M)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION CIVIL ACTION NO. 16582-058 SECTION P 09-0857

ERIC C. HENDERSON FED. REG. NO. VS.

JUDGE DRELL WARDEN JOE KEFFER JUDGMENT MAGISTRATE JUDGE KIRK

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings

are correct under the applicable law, and considering the objections to the Report and Recommendation in the record; IT IS ORDERED THAT this petition for habeas corpus is DENIED AND DISMISSED WITH PREJUDICE. Additionally, we note that Luther v. Vanvur, 14 F.Supp.2d 773 (E.D. N.C. 1997) is inapposite. There, the Bureau of Prisons there was only a federal

actually accepted the prisoner. detainer.

Here1

The Luther court understood this distinction and citing also Del Guzzi v. United States,
( th 9

supported it, 1269, 1270,

980 F.2d

1272-73

Cir. 1992) Louisiana,

TfftJS DONE AND SIGNED, in chambers, in Alexandria, -Th 2~day of on this / 2009.
_______________,

DEE D. DRELL
UNITED STATES DISTRICT JUDGE