Blanc v. David Wade Correctional Center

Filing 4

JUDGMENT re 1 Petition for Writ of Habeas Corpus filed by Michael Blanc, ADOPTING 3 Report and Recommendations: IT IS ORDERED that Petitioner's application for writ of habeas corpus be DENIED AND DISMISSED WITH PREJUDICE, sua sponte, be cause it is time barred by the one-year limitation period imposed by the AEDPA. 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 e nters 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 2/6/2012. (crt,Joffrion, B)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
MICHAEL BLANC

CIVIL ACTION NO. 11-387-P

VERSUS

JUDGE FOOTE

WARDEN JERRY GOODWIN

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 application for writ of habeas corpus be DENIED
AND DISMISSED WITH PREJUDICE, sua sponte, because it is time barred by the one-year
limitation period imposed by the AEDPA.
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 6th day
of February, 2012.