Coates v. David Wade Correctional Center

Filing 8

JUDGMENT ADOPTING 5 Report and Recommendation re 1 Petition for Writ of Habeas Corpus filed by John A Coates. IT IS ORDERED that this petition for habeas corpus be deemed successive and DISMISSED for lack of jurisdiction because petition did not obtain permission from the United States Fifth Circuit Court of Appeals prior to filing; in the alternative, IT IS ORDERED that this petition for habeas corpus be DISMISSED WITH PREJUDICE because petitioner's claims are barred by the one-year limitation period codified at 28 USC 2244(d). Signed by Judge Robert G James on 6/9/14. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION JOHN A. COATES LA. DOC #296434 CIVIL ACTION NO. 3:14-cv-0872 SECTION P VS. JUDGE ROBERT G. JAMES WARDEN JERRY GOODWIN MAGISTRATE JUDGE KAREN L. HAYES 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 including the objections filed by petitioner, and having determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that this petition for habeas corpus be deemed successive and DISMISSED for lack of jurisdiction because petitioner did not obtain permission from the United States Fifth Circuit Court of Appeals prior to filing; in the alternative, IT IS ORDERED that this petition for habeas corpus be DISMISSED WITH PREJUDICE because petitioner’s claims are barred by the one-year limitation period codified at 28 U.S.C. §2244(d). Monroe, Louisiana, this 9th day of June, 2014.

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