Reed v. Winn Correctional Center

Filing 14

ORDER denying 13 Motion for Evidentiary Hearing, and 13 Motion Relief from Judgment. Signed by Judge Robert G James on 3/11/14. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION

STANLEY REED
LA. DOC #552031

CIVIL ACTION NO. 13-1505
SECTION P

VERSUS

JUDGE ROBERT G. JAMES

WARDEN TIM KEITH

MAGISTRATE JUDGE KAREN L. HAYES

ORDER
Pending before the Court is a pleading filed by Petitioner Stanley Reed (“Reed”), styled
“Request Relief from Judgment” [Doc. No. 13].
On June 6, 2013, Reed filed a Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C.
§2254. [Doc. No. 1]. On August 7, 2013, the Magistrate Judge issued a Report and
Recommendation [Doc. No. 5], recommending that the Petition be denied as untimely. On
August 22, 2013, the Clerk of Court received Reed’s objections to the Report and
Recommendation. [Doc. No. 6]. After reviewing the Report and Recommendation and the
record, including Petitioner’s objections, the Court issued a Judgment [Doc. No. 7] adopting the
Report and Recommendation and dismissing the Petition as untimely. The Court denied a
certificate of appealability [Doc. No. 8], but Court granted Petitioner leave to appeal in forma
pauperis. [Doc. No. 11].
On February 14, 2014, however, the Fifth Circuit Court of Appeals also denied a
certificate of appealability, and, thus, Reed cannot proceed with an appeal.
Reed now moves the Court for relief from its September 12, 2013 Judgment and for an

evidentiary hearing. The Court finds no basis for the relief requested. Both this Court and the
appellate court have had the opportunity to review Reed’s Petition and have found it untimely.
Accordingly,
IT IS ORDERED that the “Request for Relief from Judgment” [Doc. No. 13], including
the request for an evidentiary hearing, is DENIED.
MONROE, LOUISIANA, this 11th day of March, 2014.

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