Dukes v. Deville

Filing 11

JUDGMENT adopting 9 Report and Recommendations, dismissing 6 Petition for Writ of Habeas Corpus filed by Ricardo K Dukes for lack of jurisdiction, with prejudice as to the jurisdictional issue and without prejudice to the merits of Petitioner's claims. IT IS FURTHER ORDERED that 2 Motion to Appoint Counsel IS DENIED AS MOOT. Signed by Judge David C Joseph on 6/4/2021. (crt,Roaix, G)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION RICARDO K. DUKES #563960, Petitioner CIVIL DOCKET NO. 1:21-CV-00812-P VERSUS JUDGE DAVID C. JOSEPH KEITH DEVILLE, Respondent MAGISTRATE JUDGE JOSEPH H.L. PEREZ-MONTES JUDGMENT For the reasons stated in the REPORT AND RECOMMENDATION of the Magistrate Judge previously filed herein [ECF No. 9], and after a de novo review of the record, including the Objection filed by Petitioner [ECF No. 10], having determined that the Magistrate Judge’s findings and recommendations are correct under the applicable law; IT IS HEREBY ORDERED that the Petition [ECF No. 6] is DISMISSED for lack of jurisdiction, WITH PREJUDICE as to the jurisdictional issue and WITHOUT PREJUDICE as to the merits of Petitioner’s claims. IT IS FURTHER ORDERED that the Motion to Appoint Counsel [ECF No. 2] is DENIED as MOOT. THUS DONE AND SIGNED in Chambers on this 4th day of June 2021. _____________________________________ DAVID C. JOSEPH UNITED STATES DISTRICT JUDGE

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