Feliz v. Martinez

Filing 3

JUDGMENT adopting 2 Report and Recommendations. The undersigned hereby ORDERS, ADJUDGES, and DECREES that the petition be DENIED and DISMISSED WITH PREJUDICE1 under Rule 4 of the Rules Governing § 2254 Cases in the United States District Courts. Signed by Judge James D Cain, Jr on 11/26/2024. (crt,Stewart, T)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION
BRAINI DAVINSON FELIZ #21207-104

CASE NO. 2:24-CV-00701 SEC P

VERSUS

JUDGE JAMES D. CAIN, JR.

FELIPE MARTINEZ JR

MAGISTRATE JUDGE LEBLANC

JUDGMENT
Upon consideration of the Report and Recommendation [doc. 2] filed by the
Magistrate Judge, noting the lack of objections thereto, and after a de novo review of the
record and applicable law, the undersigned hereby ORDERS, ADJUDGES, and
DECREES that the Report and Recommendation [doc. 2] be ADOPTED and that the
petition be DENIED and DISMISSED WITH PREJUDICE 1 under Rule 4 of the Rules
Governing § 2254 Cases in the United States District Courts.
THUS DONE AND SIGNED in Chambers on the 26th day of November, 2024.
__________________________________
JAMES D. CAIN, JR.
UNITED STATES DISTRICT JUDGE

The Report and Recommendation states in one section that the petition should be
dismissed with prejudice and in another that it should be dismissed without prejudice.
Considering that the magistrate judge conducted a review of the merits and found that the
petitioner was not entitled to the requested credit, the undersigned finds that the matter is
properly dismissed with prejudice.
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