Frazier v. Winn Correctional Center

Filing 26

JUDGMENT ADOPTING 23 Report and Recommendations re 1 Petition for Writ of Habeas Corpus filed by Claude R Frazier. IT IS ORDERED that Petitioner's petition for writ of habeas corpus is dismissed with prejudice on the grounds that it is untimely. The court denies a certificate of appealability. Signed by Judge S Maurice Hicks on 9/11/2017. (crt,Keifer, K)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION CLAUDE R. FRAZIER CIVIL ACTION NO. 14-2422 VERSUS JUDGE S. MAURICE HICKS, JR. TIMOTHY KEITH MAGISTRATE JUDGE HORNSBY JUDGMENT For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that Petitioner’s petition for writ of habeas corpus is dismissed with prejudice on the grounds that it is untimely. 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. Jurists of reason would not find it debatable whether the petition states a valid claim of the denial of a constitutional right and whether this court was correct in its procedural ruling. THUS DONE AND SIGNED at Shreveport, Louisiana, this the 11th day of September, 2017.

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