Teno v. Winn Correctional Center

Filing 41

JUDGMENT 1 Petition for Writ of Habeas Corpus filed by Jeremiah R Teno. In accorance with the 25 Report and Recommendations, IT IS ORDERED, ADJUDGED AND DECREED that the instant petition be DENIED and DISMISSED WITH PREJUDICE, as untimely. IT IS FURTHER ORDERED that the Report and Recommendation is not accepted as to the following dates and is amended as stated in the Judgment. Signed by Judge James D Cain, Jr on 9/15/2020. (crt,Benoit, T)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
JEREMIAH R. TENO
D.O.C. # 503411

:

DOCKET NO. 2:18-cv-1538
SECTION P

VERSUS

:

JUDGE JAMES D. CAIN, JR.

KEITH DEVILLE

:

MAGISTRATE JUDGE KAY

JUDGMENT
For the reasons stated in the Report and Recommendation (Rec. 25) of the
Magistrate Judge previously filed herein with amended dates stated hereinbelow, 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, ADJUDGED AND DECREED that the instant petition be
DENIED and DISMISSED WITH PREJUDICE, as untimely.
IT IS FURTHER ORDERED that the Report and Recommendation is not
accepted as to the following dates and is amended as follows;
In the last paragraph on page nine of the R&R, the dates of May 5, 2018 and March
28, 2018 are incorrectly stated and amended to read: May 5, 2017 and March 28, 2017.
In the second full paragraph on page 10 of the R&R, the R&R states that “Teno’s
post-conviction writ was no longer ‘in continuance’ as of May 18, 2017 . . .” This statement
is amended to read: “Teno’s post-conviction writ was no longer ‘in continuance’ as of
March 18, 2017 . . .”

In footnote one on page ten, the R&R states: “...the state post-conviction application
ceased to be pending as of May 18, 2017 . . .” and is amended to correctly state that “...the
state post-conviction application ceased to be pending as of March 18, 2017 . . .”
THUS DONE AND SIGNED in Chambers on this 15th day of September, 2020.

______________________________________
JAMES D. CAIN, JR.
UNITED STATES DISTRICT JUDGE