Brown v. Madison Parish Detention Center
Filing
7
JUDGMENT ADOPTING 6 Report and Recommendations, dismissing with prejudice petition for writ of habeas corpus; denying certificate of appealability. Signed by Judge S Maurice Hicks on 01/13/2014. (crt,McDonnell, D)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
ORLANDO BROWN
CIVIL ACTION NO. 13-2993-P
VERSUS
JUDGE S. MAURICE HICKS, JR.
WARDEN ANTONIO JOHNSON
MAGISTRATE JUDGE HAYES
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate
Judge filed previously herein, noting the absence objections thereto, and concurring with
the Magistrate Judge’s findings under the applicable law;
IT IS ORDERED that this petition for writ of habeas corpus (28 U.S.C. §2254) be
DISMISSED WITH PREJUDICE as time-barred by the provisions of 28 U.S.C. §2244(d).
Pursuant to Rule 11(a) of the Rules Governing 2254 proceedings for the United
States District Courts, this Court must issue or deny a certificate of appealability when it
enters a final order adverse to the applicant. “Before entering the final order, the court may
direct the parties to submit arguments on whether a certificate should issue.” Rule 11(a)
Rule Governing Section 2254 Proceedings for the United States District Courts (emphasis
added). Unless a Circuit Judge or a Circuit or District Judge issues a certificate of
appealability, an appeal may not be taken to the court of appeals.
In this instance, a certificate of appealability is DENIED because the applicant has
failed to demonstrate a substantial showing of the denial of a constitutional right. See 28
U.S.C. § 2253(c)(2).
THUS DONE AND SIGNED, in chambers, in Shreveport, Louisiana, on this 13th
day of January, 2014.
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