Cummings v. Louisiana State Penitentiary

Filing 19

JUDGMENT ADOPTING 17 Report and Recommendations, denying and dismissing with prejudice 1 Petition for Writ of Habeas Corpus filed by Clydell Cummings. Signed by Judge S Maurice Hicks on 03/10/2017. (crt,McDonnell, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION CLYDELL CUMMINGS CIVIL ACTION NO. 13-2935 VERSUS JUDGE S. MAURICE HICKS, JR. N. BURL CAIN MAGISTRATE JUDGE PEREZ-MONTES JUDGMENT For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after independent (de novo) review of the record including the objections filed herein, and having determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that Petitioner Clydell Cummings’ habeas petition be and is DENIED AND 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 because the applicant has not made a substantial showing of the denial of a constitutional right. THUS DONE AND SIGNED in Shreveport, Louisiana, this 10th day of March, 2017.

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