Montgomery v. Goodwin

Filing 35

JUDGMENT adopting 26 Report and Recommendations, denying and dismissing with prejudice the petition for writ of habeas corpus. Signed by Chief Judge S Maurice Hicks, Jr on 8/24/2018. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION KENNITH W. MONTGOMERY CIVIL ACTION NO. 18-0067 VERSUS UNASSIGNED DISTRICT JUDGE JERRY GOODWIN MAGISTRATE JUDGE KAY JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein and after an independent review of the record, a de novo determination of the issues, and consideration of the objections filed herein, and having determined that the findings are correct under applicable law; IT IS ORDERED that the petition for writ of habeas corpus be DENIED and DISMISSED WITH PREJUDICE. Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires the district court to issue or deny a certificate of appealability when it enters a final order adverse to the applicant. The Court, after considering the record in this case and the standard set forth in 28 U.S.C. Section 2253, DENIES a certificate of appealability because the applicant has not made a substantial showing of the denial of a constitutional right. THUS DONE AND SIGNED in Shreveport, Louisiana, this 24th day of August, 2018.

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