Davis v. Deville

Filing 28

JUDGMENT ADOPTING 24 Report and Recommendations, dismissing 1 Complaint filed by Roger Dale Davis, Jr with prejudice.Signed by Chief Judge S Maurice Hicks, Jr on 11/30/2017. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION ROGER DALE DAVIS, JR. CIVIL ACTION NO. 16-0358 VERSUS JUDGE S. MAURICE HICKS, JR. WARDEN KEITH DEVILLE MAGISTRATE JUDGE HAYES JUDGMENT The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge’s Report and Recommendation is correct and that judgment as recommended therein is warranted, IT IS ORDERED that Roger Dale Davis, Jr.’s Petition (Record Document 1) is hereby 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. Jurists of reason would not find it debatable whether the petition states a valid claim of the denial of a constitutional right and whether this court was correct in its procedural ruling. See Slack v. McDaniel, 529 U.S. 473, 484,120 S.Ct. 1595, 1604 (2000). THUS DONE AND SIGNED in Shreveport, Louisiana, on this the 30th day of November, 2017.

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