Smith v. Johnson

Filing 13

JUDGMENT ADOPTING 10 Report and Recommendation of the Magistrate Judge Denying and Dismissing 8 Petition for Writ of Habeas Corpus filed by Valecio Jamell Smith. The claim regarding the execution of Petitioner's sentence is Denied and Dismissed Without Prejudice for lack of jurisdiction. Signed by Judge Robert G James on 1/25/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
VALECIO JAMELL SMITH
B.O.P. # 26986-001

CIVIL ACTION NO. 2:17-CV-184
SECTION P

VERSUS

JUDGE ROBERT G. JAMES

WARDEN JOHNSON

MAGISTRATE JUDGE KAY
JUDGMENT

For the reasons stated in the Report and Recommendation [Doc. No. 10] of the Magistrate
Judge previously filed herein, and after a de novo review of the record, determining that the
findings are correct under applicable law, and considering all objections to the Report and
Recommendation in the record,
IT IS ORDERED, ADJUDGED AND DECREED that the claim in Petitioner’s
application for writ of habeas corpus regarding the execution of his sentence is DENIED and
DISMISSED WITH PREJUDICE, and the claim regarding his presence at resentencing is
DENIED and DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. All claims having
been resolved, the Clerk of Court is directed to close this case.
MONROE, LOUISIANA, this 25th day of January, 2018.