Harkey v. DeGraw et al

Filing 9

JUDGMENT ADOPTING 7 Report and Recommendations, dismissing Plaintiff's civil rights complaint as frivolous and for failure to state a claim upon which relief may be granted. FURTHER ORDERED that Plaintiff's request for habeas relief is dismissed without prejudice for failure to exhaust state court remedies.Signed by Judge S Maurice Hicks on 07/15/2015. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
DAVID M. HARKEY

CIVIL ACTION NO. 14-3129-P

VERSUS

JUDGE S. MAURICE HICKS, JR.

DANNAH DEGRAW, ET AL.

MAGISTRATE JUDGE HORNSBY
JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, and after an independent review of the record, and noting the lack
of written objections filed by Plaintiff and determining that the findings are correct under the
applicable law;
IT IS ORDERED that Plaintiff’s civil rights complaint is DISMISSED WITH
PREJUDICE as frivolous and for failure to state a claim on which relief may be granted
pursuant to 28 U.S.C. § 1915(e).
IT IS FURTHER ORDERED that Plaintiff’s request for habeas relief is 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 Shreveport, Louisiana, on this the 15th day of July,
2015.