Roberson v. Public Safety & Corrections
JUDGMENT ADOPTING 12 Report and Recommendations re 1 Complaint filed by John Otis Roberson. IT IS ORDERED that Plaintiff's civil rights claims seeking monetary damages and injunctive relief for his allegedly unconstitutional sentence be DI SMISSED WITH PREJUDICE as frivolous under 28 U.S.C. § 1915(e) until such time as the Heck conditions are met. IT IS FURTHER ORDERED that Plaintiff's request for habeas relief be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. The court denies a certificate of appealability. Signed by Judge S Maurice Hicks on 9/11/2017. (crt,Keifer, K)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA
JOHN OTIS ROBERSON
CIVIL ACTION NO. 14-2740-P
LOUISIANA DEPARTMENT OF
PUBLIC SAFETY & CORRECTIONS
MAGISTRATE JUDGE HORNSBY
For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, and after an independent review of the record, including written
objections filed by Plaintiff, and determining that the findings are correct under the
IT IS ORDERED that Plaintiff’s civil rights claims seeking monetary damages and
injunctive relief for his allegedly unconstitutional sentence be DISMISSED WITH
PREJUDICE as frivolous under 28 U.S.C. § 1915(e) until such time as the Heck
conditions are met. IT IS FURTHER ORDERED that Plaintiff’s request for habeas relief
be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies.
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 chambers, in Shreveport, Louisiana, on this
11th day of September, 2017.
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