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)

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.