Marshall v. Louisiana State Penitentiary

Filing 46

JUDGMENT ADOPTING 40 Report and Recommendation; denying and dismissing with prejudice 1 Petitioner's Petition for Writ of Habeas Corpus under 28 USC Sec 2254; denying Petitioner's 43 Motion for Stay of Proceedings.Signed by Judge S Maurice Hicks on 02/25/2014. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
RANDY C. MARSHALL
LA. DOC #539910
VS.

CIVIL ACTION NO. 5:12-cv-2914
SECTION P
JUDGE S. MAURICE HICKS

BURL CAIN, WARDEN

MAG. JUDGE KAREN L. HAYES
JUDGMENT

The Report and Recommendation of the Magistrate Judge [Record Document 40] 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 HEREBY ORDERED, ADJUDGED, AND DECREED that Petitioner’s Petition
for Writ of Habeas Corpus under 28 U.S.C. § 2254 [Record Document 1] is hereby DENIED
and DISMISSED WITH PREJUDICE. Petitioner’s Motion for Stay of Proceedings [Record
Document 43] is likewise DENIED.
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 this 25th day of February, 2014, in Shreveport, Louisiana.