Townsend v. Winn Correctional Center

Filing 8

JUDGMENT ADOPTING 6 Report and Recommendations. IT IS ORDERED that Petitioners complaint is DISMISSED WITHOUT PREJUDICE, for failure to Prosecute, pursuant to Rule 41(b) of the FRCP. 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 because the applicant has not made a substantial showing of the denial of a constitutional right. Signed by Judge Elizabeth E Foote on 09/16/2011. (crt,Joffrion, B)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
JAMES TOWNSEND

CIVIL ACTION NO. 10-1711-P

VERSUS

JUDGE FOOTE

WARDEN TIM WILKINSON

MAGISTRATE JUDGE HORNSBY
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, and noting the lack
of written objections filed by Petitioner and determining that the findings are correct under
the applicable law;
IT IS ORDERED that Petitioner’s complaint is DISMISSED WITHOUT
PREJUDICE, for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure.
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
because the applicant has not made a substantial showing of the denial of a constitutional
right.
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 16th
day of September 2011.